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2014 (7) TMI 194 - HC - VAT and Sales TaxLevy of penalty u/s TNGST - non refund of excess collected to buyers - levy of penalty on the ground of unjust enrichment - Held that:- Therefore, when on the one hand the collection of excess tax was on the specific direction of the Special Commissioner of Commercial Taxes and such excess collection after having been noted was ordered to be refunded was not actually refunded to the revision petitioner, it runs beyond ones comprehension as to whether even in those circum stances, the revision petitioner can be held to have had unjust enrichment of the moneys of its buyers. On the other hand, it will have to be stated that so long as the amount lies with the Department, it would be the responsibility of the Department to implement the order of the refund and only thereafter can expect the concerned assessee to ensure further refund of such amount to the actual buyers. There was no ground made out for imposing penalty under section 22(2) of the Act, on the ground of unjust enrichment on the part of the revision petitioner. - Decided in favor of assessee. Regarding penalty on account of certain omission between return and books of accounts - Held that:- When factual findings relating to the omissions came to be noticed by the assessing authority based on the books of accounts maintained by the revision petitioner and the returns submitted by it, the ultimate conclusion relating to such omissions would be nothing, but deliberate suppression made by the revision petitioner. When once such a conclusion is inevitable, the levy of penalty under section 12(3)(b) of the Act, would become imperative. - Decided against the assessee.
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