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2011 (7) TMI 1067 - KERALA HIGH COURTRestoration of penalty imposed on the petitioner under section 45A of the Kerala General Sales Tax Act, 1963 for evasion of tax - Held that:- The conclusion drawn by the Tribunal are purely on findings of fact based on evidence and we do not find any justification to interfere with the same. However, the Tribunal has not considered whether it is a fit case for levying maximum penalty, i.e., double the amount of tax sought to be evaded. We accordingly allow the revision in part by sustaining the order with regard to the percentage of gross profit added to the turnover for the purpose of determining the tax evaded, but reduce the penalty to one and a half times the tax so evaded. The assessing officer is directed to issue revised order in accordance with the above order without any delay.
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