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2019 (5) TMI 1560 - ALLAHABAD HIGH COURTRestoration of penalty u/s 15-A(1)(c) of Sales Tax Act - restoration of penalty merely on the basis of difference in the turnover as per books and returns which was explained and accepted by the assessing officer in the assessment order - HELD THAT:- The perusal of record reveals that the applicant has submitted its revise return duly showing the sale of mustard oil of ₹ 15,53,515/- and also deposited the tax along with interest. Bare perusal of Section 15(A)(1)(c) of the Act shows that if any revisionist has concealed the particulars of his turnover or has furnished inaccurate particulars of such turnover then only penalty can be imposed under the Act. The case in hand, the revisionist has not only filed the revise return, but, also has deposited the tax along with interest before passing of the original assessment order or any penalty proceedings has been initiated against the revisionist. Once the revisionist has submitted the revise return which has been accepted by the Assessing Authority then it cannot be said that the revisionist had violated the provision of Section 15- A(1)(c) of the Act - Moreover, the revisionist has produced its books of account in which the sale of mustard oil value of ₹ 15,53,513/- was duly shown, therefore, levy of penalty under the said provision is not justified and is set aside. The question of law is answered in favour of the revisionist and against the Revenue - revision allowed.
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