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2008 (12) TMI 715 - HC - VAT and Sales TaxWhether the penalty levied under section 12(5)(iii) of the Tamil Nadu General Sales Tax Act, 1959 is sustainable, when the assessment order is one made to the best of judgment under section 12(2) of the Act? Held that:- In the present case, the accounts filed by the assessee were not accepted and that is why, the assessing authority made an assessment to the best of its judgment, which is what the Appellate Assistant Commissioner found in his order, where he has stated that the details were from the account books of the appellants plus 15 per cent estimation towards freight and unloading charges and therefore, rightly held that the assessment was one under section 12(2) of the TNGST Act. The question is answered in favour of the assessee. The tax case (revision) is, accordingly, allowed.
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