TMI Blog2009 (4) TMI 428X X X X Extracts X X X X X X X X Extracts X X X X ..... 02 - - - Dated:- 21-4-2009 - ARIJIT PASAYAT DR. AND LOKESHWAR SINGH PANTA JJ. R. Nedumaran for the respondents. S. Balaji, N.C. Mohan, Ms. Madhusmita Bora and K.V. Vijayakumar for the appellant. -------------------------------------------------- The judgment of the court was delivered by DR. ARIJIT PASAYAT J. Challenge in this appeal is to the judgment of a Division ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Madras [1994] 95 STC 372 (Mad) where a different view was taken. Both these cases are cases in which similar claims were made that though the assessee had purchased parts required to be put together to form a wet grinder, whatsoever has been sold by the assessee were not wet grinders but parts thereof. In the first case the High Court accepted the finding of the Tribunal that what had been sold ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gment assessment which permitted the imposition of penalty. Accordingly the writ petitions were dismissed. The learned counsel for the appellant submitted that the High Court should have compared the factual scenario and should have held that the decision in Suguna's case [1991] 81 STC 33 (Mad) is applicable to the facts of the case. The learned counsel for the respondent on the other hand sup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the turnover were found incorporated in the appellant's account books. Where certain items which are not included in the turnover are disclosed in the dealer's own account books and the assessing authorities includes these items in the dealers' turnover disallowing the exemption, penalty cannot be imposed. The penalty levied stands set aside. The appeals are accordingly disposed of. - - Ta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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