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2015 (4) TMI 1125 - HC - VAT and Sales TaxLevy of penalty - under-reporting of sales turnover - bonafide error - Held that:- A reading of the order of the Tribunal reveals that, on facts, there is no dispute that there was no wilful non-disclosure, but the claim for deduction from the total turnover, viz., the component of sales tax collected, was negatived, as the assessee did not produce any material in support of their claim. Insofar as levy of penalty is concerned, the finding and the reasoning of the Tribunal affirming the order of the Appellate Assistant Commissioner that there was no willfulness attributable to the dealer and therefore penalty under Section 16(2) of the Act is not leviable, does not warrant any interference. - No penalty - Decided against the revenue.
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