TMI Blog1997 (10) TMI 371X X X X Extracts X X X X X X X X Extracts X X X X ..... ne and the same relatable to two different assessment years, namely, 1990-91 and 1991-92. Besides, the issue falling for consideration is also one and the same relatable to the imposition of penalty under section 10A of the Central Sales Tax Act, 1956 (Act No. 74 of 1956-for short the CSTA ). 2.. The assessee-dealers-Tvl. Mallur Siddeswara Spinning Mills (P.) Ltd., Athanur P.O., are registered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by them it is said, instead of being resold, in fact, had been utilised for construction of buildings put up by them for the manufacture of cotton yarn. Consequently, the Deputy Commercial Tax Officer, Rasipuram, imposed penalty upon the assessee-dealers for the said assessment years on the said turnover at eighteen (18) per cent under section 10A in lieu of prosecution under section 10 of the CS ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, giving rise to the present actions-T.C. (R) Nos. 530 and 542 of 1995 by the assessee-dealers. 8.. Mr. C. Natarajan, learned Senior Counsel representing Mr. N. Inbarajan, learned counsel appearing for the petitioner (in both cases) would in all sense of fairness, submit that he is not pressing the revisions on merits and the same may be disposed of on the quantum of imposition of penalty. He ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Revenue, we rather feel that the quantum of penalty, as imposed by the Tribunal fixing it at twelve (12) per cent on the said turnover for the relevant assessment years may be further reduced to six (6) per cent on the turnover effected by the assessee-dealers for the two assessment years 1990-91 and 1991-92. We therefore direct the assessing officer to impose penalty upon the assessee-dealers f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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