1995 (7) TMI 382

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... of Rs. 503 levied as penalty by the Joint Commissioner under section 12(5) of the Tamil Nadu General Sales Tax Act, confirming the order of the assessment officer and setting aside the order of the Appellate Assistant Commissioner which cancelled the said penalty levied. 2.. While the taxable turnover of the assessee in the assessment year in question, namely 1981-82 is more than Rs. 36,00,000, .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ns in the return were verified by the departmental representative. The amount relates only to the solitary sale effected on the last day of January which happened to be a Sunday. The dealers should however have intimated this turnover along with the February turnover while furnishing the turnover for February. This has not been done presumably the turnover was arrived at from the sale bills instea .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... voking section 12(5) of the Act, we are clearly of the opinion that the bona fides of the assessee have to be gone into before imposing penalty." But this aspect has not been considered at all by the Joint Commissioner. Further taking into account the huge taxable turnover of the assessee, one could easily infer that the abovesaid omission with reference to a small turnover of Rs. 4,189.23 could .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X