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2014 (5) TMI 305 - HC - VAT and Sales TaxRevision against the order passed by the Tribunal(A) - Whether levy of penalty u/s 12(3)(b) of the Tamil Nadu General Sales Tax Act, 1959 was justifiable when there was no suppression pointed out by the Revenue – Held that:- When the turnover assessed under the assessment order is drawn from the books of accounts and no reference to any specific concealment of the turnover in the accounts made, the question of invoking Section 12(3)(b) would not arise - The Explanation to Section 12(3)(b) specifies the turnover which merited to be excluded for the purpose of levy of penalty - Even while calculating the turnover for the purpose of levy of penalty, the turnover are to be excluded and only those turnover which are estimated having reference to a specific concealment alone invite the penal provisions under the Act - when the assessment is based on the accounts turnover, the question of levy of penalty does not arise – Order of Tribunal Set aside – Decided in favour of assessee.
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