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2015 (11) TMI 261 - MADRAS HIGH COURTExemption from sales tax - HDPE fabrics - Assistant Commissioner sustained 50 per cent of the suppressions and modified the penalty accordingly - Held that:- Discrepancy, as attempted to be pointed out by the learned counsel appearing for the petitioner that there was an error in the number of slips in the first round of litigation and therefore, there is error in the determination of escaped assessment in respect of HDPE bags. This was corrected by the Tribunal by way of remand. But, on remand from the Tribunal, we find the second order was passed by the assessing authority after detailed verification of D7 records and the lorry receipts to come to a conclusion as to the quantum and sales of bags, allegedly HDPE fabrics. We find such a determination made by the assessing authority has been rightly confirmed by the Tribunal. We are not inclined to go into individual slips to find fault with the calculation made by the assessing authority, which was confirmed by the Tribunal. Being pure question of fact, we find no error in the order of the Tribunal. We find no question of law much less any substantial question of law arises for consideration in these revisions. Insofar as levy of penalty under section 16(2) of the TNGST Act, for the assessment year 1987-88 and under section 12(5)(iii) of the TNGST Act for the assessment year 1988-89 is concerned, the provision of section 16(2) and section 12(5)(iii) of the TNGST Act provides for levy of penalty between 50 per cent and 150 per cent. The assessing authority levied penalty at 150 per cent whereas the Tribunal has thought it fit to reduce the same at 75 per cent. We find no reason to interfere with the discretion exercised by the Tribunal in the case of suppression of material fact with an intention to avail wrongful benefit. - Decided against assessee.
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