TMI Blog1991 (8) TMI 325X X X X Extracts X X X X X X X X Extracts X X X X ..... rs. Nagpal Petro Chemicals Limited, Madras, during the assessment year 1977-78. The assessee-respondent was also finally assessed by the assessing authority on the said turnover at 4 per cent multi-point. It transpires that the Sales Tax Appellate Tribunal, Main Bench, Madras, in another case held that the sales of petroleum jelly by Messrs. Nagpal Petro Chemicals Limited were liable to be taxed a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate Assistant Commissioner also held that the assessee-respondent had violated the provisions of section 22(1) warranting levy of penalty under section 22(2) of the Act. The quantum of penalty, however, was reduced to Rs. 3,591, being equal to the excess tax collected. A second appeal was preferred before the Tribunal, which held that the assessee-respondent had not violated the provisions of sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... per cent. It appears to be a case of mutual mistake between the department and the assessee as regards the taxability and the rate of tax, and that being the position, the assessee could not be subjected to penalty where it chose to collect sales tax on the basis of such mutual mistake. The order of the Tribunal, therefore, does not suffer from any error whatsoever. In taking this view, we are fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
