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2021 (3) TMI 1074 - HC - VAT and Sales TaxLevy of penalty - Wilful suppression of facts or not - entire amount paid without any objections - HELD THAT:- The Tribunal was not right in concluding that there was no willful suppression. Applying the law laid down by the Hon'ble Supreme Court in the case of Mak Data P. Ltd. [2013 (11) TMI 14 - SUPREME COURT] would fortify the conclusion arrived - when the Assessing Officer levied penalty 1½ times of the tax demanded, the assessee claimed that it was their first year of business. However, that cannot be a sole reason. However, if the assessee is able to show some bona fide reasons, which prevented them from disclosing the full turn over, then the Assessing Officer would be entitled to examine the same for its correctness. The Assessing Officer can be directed to look into the aspect as to whether the penalty can be imposed or not. He shall do so by taking note of the conduct of the respondent prior to the issuance of the pre-assessment notice and during the assessment proceedings. The finding of the Tribunal confirming the imposition of penalty at 1.5 times alone is set aside and the matter is remanded back to the Assessing Officer for a fresh consideration - tax case revision filed by the Revenue is allowed.
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