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2008 (9) TMI 876 - HC - VAT and Sales TaxSale of rolling shutters by the assessee - whether taxable as works contract under section 3-B of the ? Held that:- From the facts, it is clear that the revision petitioners are dealers in rolling shutters and they have manufactured the rolling shutters in their factory and erected the same in the customer's place. The contention of the assessee is also that they have sold tax suffered goods like guide channel, frame, ball bearing etc., to the customers has also not been established. On the other hand, the manufacture of the rolling shutters by the assessees themselves under their trade name has been established by materials. In such circumstances, no irregularity in the order of the appellate Tribunal in coming to the conclusion that the sale of rolling shutters by the assessee is taxable as works contract under section 3-B of the Act. Now, coming to the imposition of penalty under section 12(5)(iii) of the Act, which was obtaining during the relevant period, if the assessing authority is satisfied that the return filed by the dealer is incorrect and incomplete, he may impose penalty, which penalty shall not been less than 50% and shall not be more than 150% of the difference in tax payable on the turnover disclosed in the return and determined by the assessing authority. Hence, the imposition of tax under section 12(5)(iii) of the Act is legally sustainable. Revision dismissed.
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