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2018 (3) TMI 819 - HC - VAT and Sales TaxReversal of input tax credit - assessment of escaped turnover - CST Act, 1956 - Penalty u/s 27(4) of the Act - Held that: - when exercise of reassessment, was resorted, under Section 27 of the Tamil Nadu VAT, 2006, the petitioner had already paid the tax and thus, there was no redetermination of tax, after making an enquiry, as contemplated under sub-Section 1 of Section 27 of the Tamil Nadu VAT Act, 2006 - the tax has been paid, even before the reassessment, under Section 27 (2) of the TANVAT Act, 2002. Though the Assistant Commissioner (CT), assessing Officer, has imposed the penalty, under Section 27 (4) of the TANVAT Act, the same has been reversed on appeal, by the Appellate Deputy Commissioner (CT), Chennai. In Lingam and Sons Vs. State of Tamil Nadu [2009 (11) TMI 852 - MADRAS HIGH COURT] on identical issue it was held that Since cheque bearing No. 697629 dated January 7, 1998 for ₹ 14,905 was given by the assessee even on January 7, 1998, levy of penalty under section 12(3) of the Act is not justified. Tax Case Revision Petitions are allowed
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