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2016 (10) TMI 372 - HC - VAT and Sales TaxLevy of penalty under Section 27(3) - revision of assessment - TNVAT Act, 2006 - CST Act, 1956 - branded bakery products - Held that: - these revision of assessment under Section 27(1)(b) of the TNVAT has been done by the respondent to increase the rate of tax on the ground that the petitioner has been selling branded bakery products. The revision of the assessment is done under Section 27(2) of the Act, therefore levy of penalty under section 27(4) of the TNVAT Act and under ection 27(3) of the TNVAT Act is not correct. The petitioner has withdrawn the application filed before the Trade Marks Registry and has got sufficient proof to show that the same has been withdrawn as early as on 03.10.2013, - one more opportunity given to the petitioner to produce proof of withdrawal of application. Matter remanded for fresh consideration and the respondent directed to issue a fresh notice and after affording an opportunity of personal hearing to the petitioner, shall re-do the assessment in accordance with law - petition allowed - decided in favor of petitioner.
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