TMI Blog1981 (7) TMI 223X X X X Extracts X X X X X X X X Extracts X X X X ..... ich runs as under: "If the assessing authority is satisfied that any dealer or other personrealises any amount as sales tax or purchase tax, where no sales tax or purchase tax is legally payable or in excess of the amount of tax legally payable under this Act." Penalty was levied as the assessee had realised additional tax under section 3-F although its turnover did not exceed Rs. 2,00,000. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he mere realising of any sales tax or purchase tax in excess of the amount which was leviable the assessee was liable to be penalised under section 15-A. The submission appears to be devoid of any force. The action of the assessee has to be judged in light of facts of the case. The liability to pay additional tax arises only when the turnover exceeds Rs. 2,00,000. It being admitted that the turnov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e", etc. But the penalty proceedings under tax statutes are quasi-criminal in nature. Then the opening words of the section empower the assessing authority to levy penalty only if he is "satisfied" about the breach committed in various sub-clauses. In the circumstances, the revision fails and is dismissed. As nobody appeared on behalf of the opposite party, there shall be no order as to costs. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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