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2018 (5) TMI 177 - HC - VAT and Sales TaxPenalty u/s 16 (2) of the TNGST Act - suppression of facts - Held that: - the Tribunal concurred with the view of the Appellate Assistant Commissioner that there was no justification in penalising the assessee, as the turnover in question was based on assessee's books of accounts and that there was no element of willful non-disclosure of turnover - reliance was placed in the case of R. Subba Reddy Versus State of Tamil Nadu [1992 (8) TMI 251 - MADRAS HIGH COURT], where it was held that Under the proviso to sub-section (5) of Section 12 of the Tamil Nadu General Sales Tax Act,1959 penalty cannot be imposed after the period of five years from the expiry of the year to which the assessment relates. The finding and reasoning of the Tribunal affirming the order of the Appellate Assistant Commissioner that there was no willfulness attributable to the dealer and therefore penalty under Section 16(2) of the Act is not leviable, does not warrant any interference. Tax case revision petition dismissed.
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