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2015 (9) TMI 156 - HC - VAT and Sales TaxCondition for Imposition of Penalty Wilful non-disclosure of turnover On failure of appellant to respond to notices orders of assessment were issued confirming proposal, completing assessment and imposing penalty Whether imposition of penalty under section 25(3) r/w section 67 of kerela value added tax act could only be exercised if assessing authority was satisfied that escape of turnover was due to wilful non-disclosure by assesse Held that:- provision says that penalty can be imposed if assessing authority was satisfied that escape from assessment was due to willful non-disclosure of assessable turn over by dealer Satisfaction can be arrived either on completion of assessment or during course of assessment as made for finalising best judgment assessment It cannot be said that there was any bar against imposition of penalty only when there was wilful non-disclosure of assessable turnover None of legal precedents persuade this to be accepted Therefore no reason to interfere with judgment impugned Appeal dismissed Decided in favour of Assesse.
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