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2015 (9) TMI 156 - KERALA HIGH COURTCondition 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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