TMI Blog1995 (4) TMI 269X X X X Extracts X X X X X X X X Extracts X X X X ..... he turnover as per the book it was noticed that the assessee has not reported the textile turnover of Rs. 68,633 in the return filed. The assessee had claimed exemption on entire turnover. Therefore, it was proposed to levy penalty at 50 per cent under section 12(5)(iii) of the Tamil Nadu General Sales Tax Act, 1959 (hereinafter referred to as "the Act"). There was also delay in filing the monthly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orrect in levying the penalty ignoring the revised returns filed by the assessee before completing the assessment. However, the assessing officer was not satisfied with the explanation offered by the assessee. Accordingly, he levied penalty of Rs. 4,118 under section 12(5)(iii) of the Act and another penalty of Rs. 1,372.65 was levied under section 12(5)(ii) of the Act. 4.. On appeal, the Appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Therefore, the returns could not be filed in time. This explanation was accepted by the Tribunal and accordingly, penalty levied under section 12(5)(ii) of the Act was deleted. 6.. So also in the matter of levying penalty under section 12(5)(iii) of the Act, the Tribunal accepted the fact that a revised return was filed by the assessee before the assessing officer, before completing the assessme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... here was also bandh in the State during the relevant point of time. It was also submitted that the Transport Department was on strike during the period. Hence, there was some delay in filing the monthly returns. This explanation was accepted by the Tribunal for deleting the penalty of Rs. 119. Considering the explanation offered by the assessee for the delay in filing the monthly returns, we are a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er failed to consider the revised return filed by the assessee, no penalty is exigible under section 12(5)(iii) of the Act. Since the assessee filed revised return on November 24, 1981, before completing the assessment, rectifying the mistake occurred in the original return, penalty under section 12(5)(iii) of the Act is not exigible. Therefore, we accept the order passed by the Tribunal in deleti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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