1982 (6) TMI 245

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..... bunal, deleting the quantum of penalty levied by the assessing authority 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 enti .....

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..... andled the goods nor had he ever stocked the goods and that the entire 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, .....

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..... estion of assessment and dealing with the question of penalty, and therefore, 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 in .....

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