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2013 (7) TMI 154 - HC - VAT and Sales TaxPenalty u/s 10(3) of Act I of 1959 - Whether the Tribunal is correct in concluding that the petitioner has colluded with the buyers and obtained C forms to avail the concessional rate in the absence of specific finding of the assessing officer? - Held that:- As it is no doubt true that immediately on receipt of notice, the assessee paid the differential tax for the reasons best known to the assessee, but one cannot infer any knowledge on the part of the assessee that the forms used by them to gain concessional levy are only bogus forms and while confronted with the fact situation, they had reversed the claim. As pointed out by this Court, if at all there had been any notification indicating the bogus nature of the 'C' forms used by certain assessees, motive can be attributed to the assessee for misusing his declaration to gain concessional tax rate - there is no ground for attracting the provisions under Section 10(3) of the Tamil Nadu General Sales Tax Act, quite apart from the relevance of this provision to the assessment under the Central Sales Tax Act and that the assessment herein is made only under Section 16(1)(b) of the Tamil Nadu General Sales Tax Act, for which no penalty could be levied. - Decided in favor of assessee.
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