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2011 (2) TMI 1325 - HC - VAT and Sales TaxAssessee challenging the order passed by the authorities levying Central sales tax as well as penalty for the goods sold to an extent of ₹ 2,24,24,991 Held that:- In the KST Act, if the return filed is incorrect or incomplete, the assessing authority shall assess the dealer to the best of its judgment recording reasons for such assessments after hearing him and then when making such an order, the authority is empowered to levy penalty. The case of the assessee squarely falls within the aforesaid events, i.e., it is both the case of an incorrect return and an incomplete return. Therefore, the assessing authority was justified in imposing the penalty. The three fact-finding authorities have concurrently held that the tax and penalty is leviable and the said finding is based on legal evidence and within the four corners of law. No case for interference in the revision is made out. Accordingly, the petition is rejected
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