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2018 (2) TMI 198

Head Note / Extract:
Penalty - Whether in the facts and circumstances of the case, the Tribunal in having confirming the order of the lower appellate authority by deleting the penalty is legally correct even after amendment carried out to Section 12(3) of the Tamil Nadu General Sales Tax Act 1959 by Tamilnadu Act 22 of 2002?

Held that: - In TVl. Apollo Saline Pharmaceuticals Private Limited Vs. Commercial Tax Officer (Fac) and Others [2001 (10) TMI 1100 - MADRAS HIGH COURT], a Hon'ble Division Bench of this Court has held that The assessments for the assessment years 1993-94 and 1994-95 which were assessments made on the basis of the accounts, and not based on any other material and were not estimates, have therefore, to be regarded as assessments made under Section 12(1) to which the penal provisions of Section 12(3) are not attracted. The levy of penalty for those two assessment years is set aside.

Thus, penalty levied by disallowing the claim of exemption are deleted.

Revision dismissed - decided against Revenue.


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