TMI Blog1992 (8) TMI 251X X X X Extracts X X X X X X X X Extracts X X X X ..... es Tax Act, 1959 (hereinafter referred to as "the Act"). Though the original assessment was made in 1974, it seems that a revised order of assessment was passed on June 2, 1976. Notice was issued under sub-section (3) of section 12 of the Act to impose penalty for the assessment year in question. Though the petitioner submitted that no order of assessment was passed by the assessing authority, o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the tax assessed under sub-section (2) the assessing authority may, in the same order of assessment passed under sub-section (2), or by separate, order direct the dealer to pay by way of penalty- (a) a sum which shall not be less than fifty per cent but which shall not be more than one hundred and fifty per cent of the amount of tax due on the turnover that was not willfully disclosed by the dea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h 1, 1978, will not take away the rigour of the section by which the penalty ought to have been imposed. Though a question was taken before us whether the amendment which came into force on December 1, 1972, could be made applicable for the assessment year 1972-73, we are not expressing any opinion on this question because we propose to dispose of this tax revision case on the ground that no pen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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