TMI Blog1982 (6) TMI 245X X X X Extracts X X X X X X X X Extracts X X X X ..... ity under section 12(3) of the Tamil Nadu General Sales Tax Act, 1959, while sustaining the assessment made on the respondent-assessee. The assessee in this case was treated as a dealer in groundnut oil by the assessing authority, rejecting the assessee's contention that he is only a broker and not a dealer in respect of the entire transaction in the assessment year. On this basis the assessing au ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e transaction with which he was concerned was only a transaction as a broker. The Tribunal held that though there are valid grounds for sustaining the assessment, having regard to the absence of proper explanation by the assessee in relation to some slips recovered from the assessee's place of business during surprise inspection, they are not sufficient grounds for levying a penalty which would no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herefore, interference is called for with the order of the Tribunal. However, we are of the view that the considerations to be taken in connection with the assessment are different from the considerations which have to weigh in the matter of levy of penalty. In the matter of assessment the assessee's non-explanation for certain incriminating documents may be taken into account holding that certain ..... X X X X Extracts X X X X X X X X Extracts X X X X
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