TMI Blog1959 (12) TMI 23X X X X Extracts X X X X X X X X Extracts X X X X ..... nd should be set aside. This point was not taken before the Sales Tax Officer, probably because the applicants did not know whether any penalty would be levied on them. On appeal against the order of the Sales Tax Officer it was contended that an officer acting under the Act cannot pass two such orders in the same order. The penalty has been levied under section 39-A of the Act of 1953. This argum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty was within the purview of sub-section (1) of section 34 of the Act and this question was answered by us in the negative. Mr. Mehta has contended that in case he seeks reference to the High Court in this case, he will have to make his application with reference only to that part of the order which relates to the assessment and not to the part which deals with penalty. We do not think that this a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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