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2015 (11) TMI 1224 - HC - VAT and Sales TaxLevy of penalty - Non filing of monthly and annual returns - Tax paid after being pointed out by Department - Held that:- Where certain items which are not included in the turnover are discovered from the dealer's own account books and the assessing authority includes these items in the dealer's turnover, the assessment cannot be regarded as based on best judgment and penalty cannot be levied in respect of such items. As far as the case in hand is concerned, when there is no intention for evading of payment of tax and when the entire turnover is very much reflected in the books of accounts, there is no reason for levying penalty. This Court in the case reported in [2001 (10) TMI 1100 - MADRAS HIGH COURT] (Appollo Saline Pharmaceuticals (P) Ltd., vs. Commercial Tax Officer (FAC) and others), has held that levy of penalty without considering the bona fides of the petitioner could not be sustained. - the petitioner is entitled to succeed. - Decided in favour of assessee.
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