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2017 (1) TMI 1554 - HC - VAT and Sales TaxDeletion of penalty u/s 61 of the Rajasthan Value Added Tax Act, 2003 - Held that: - Admittedly the books of account were maintained properly and all the transactions are duly recorded in the books of account and the AO except levy of tax, has not found anything adverse - reliance placed in the case of Sree Krishna Electricals v. State of Tamil Nadu [2009 (4) TMI 428 - SUPREME COURT OF INDIA], where it was held that 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 AO failed to justify levy of penalty, which has rightly been deleted by the appellate authorities and no question of law does arise out of the impugned order - petition dismissed.
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