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2022 (3) TMI 1312 - MADRAS HIGH COURTValidity of reassessment order - actual suppression of turnover - levy of penalty under Section 16(2) of TNGST Act - HELD THAT:- Admittedly, the actual sales suppression was arrived at by the third respondent only after an inspection was conducted in the business premises of the petitioner. The records so collected during such inspection has prompted the third respondent to arrive at actual sales suppression by means of a revised assessment order. Thus, if an inspection is not conducted in the business premises of the petitioner, the sales suppression could not have come to light. In such event, the third respondent is wholly justified in imposing double the sale suppressed amount in the revised assessment proceedings together with 150% of penalty. The appellate authority as well as the Tribunal have also dealt with this aspect and refused to accede to the plea of the petitioner. This Court is of the view that the order, which is impugned in this writ petition, is not required to be interfered with. However, taking note of the fact that the petitioner had already paid the entire disputed tax amount as well as a portion of the penalty amount to the tune of ₹ 13,651/-, this Court is inclined to reduce the balance amount payable by the petitioner towards penalty from 150% to 50% - Petition disposed off.
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