TMI Blog2009 (4) TMI 839X X X X Extracts X X X X X X X X Extracts X X X X ..... do not find any illegality or irregularity in the deletion of the penalty by the Tribunal and we are not able to approve the way in which the learned Special Government Pleader projected the summary of the conclusion for levy of penalty. Revision dismissed. - Tax Case (R) No. 2096 of 2006 - - - Dated:- 15-4-2009 - K. Raviraja Pandian And M. M. Sundresh,JJ. For the Petitioner : Mr. Haja Nazirudeen Special Government Pleader (T) ORDER (Order of the Court was made by K. Raviraja Pandian, J.) By framing the following Question of Law, the Revenue is on appeal against the order of the Appellate Tribunal deleting the penalty imposed on the assessee under Section 12(3)(b) of the Tamil Nadu General Sales Tax Act, 1959. Whet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consideration of all the relevant circumstances. Further, the Hon'ble High Court of Kerala, in the case of Seven Seas Distillery Ltd., vs. Assistant Commissioner of Sales Tax (Assessment) II Special Circle and others held that if an assessee does not include the particular item in the taxable turnover under a bonafide belief that he is not liable so to include it, it will not be possible to condemn the return as a false return inviting imposition of penalty. Applying these principles to the facts and circumstances of the case, it would be just and proper to hold that the penalty imposed on the appellants is not warranted, since they have acted under only a bonafide belief that they were not liable to include the sales turnover of REP ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er Section 12 would be available to the assessee on and from the year 1992-93 onwards, the learned Special Government Pleader contended that the deletion of penalty is not correct. We are not able to approve the contention of the learned Special Government Pleader, as it is not an absolute proposition that as and when any sale of REP licence is made and the amount has not been offered for taxation, in all those cases, the penalty under Section 12 or 16 must be imposed upon the assessee. The sentences after the conclusion has to be given in its full effect. It provides that the authorities shall be at liberty to do so, having regard to the facts and circumstances of each case, on its own merits. 5. Here in this case on merits, it was obse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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