9911796707
TMI Blog1992 (4) TMI 236X X X X Extracts X X X X X X X X Extracts X X X X ..... Tamil Nadu Sales Tax Appellate Tribunal (Additional Bench), Coimbatore, in C.T.A. No. 418 of 1988 dated April 3, 1990, has preferred this revision petition. Brief facts are the following: The assessment year is 1982-83. The respondent is a co-operative milk producers union. In the taxable turnover for the year in question, the respondent has not included sales of cattle feed, though the respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntly, penalty under section 12(5)(iii) was levied. The assessee succeeded before the Tribunal in getting the levy of penalty set aside. The Tribunal on facts has found as follows: "In fact the exemptions were allowed originally for the assessment years 1979-80 to 1981-82 and the assessments were subsequently revised on June 2, 1983 and by that time the time for filing the consolidated return for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is Tribunal set aside the levy of penalty under section 12(5) of the Act levied by the assessing authority for the year 198182 on similar set of facts in C.T.A. No. 273/84 and therefore the appellants would have bona fide believed that sale of cattle feed to the member-societies of the appellants was exempted from payment of sales tax and therefore the appellants would have shown the turnover as n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the member-societies were exempted from the payment of sales tax and therefore we feel the levy of penalty by the assessing officer for non-reporting the turnover of cattle feed to the member-societies as taxable turnover is not correct...." It is the above view of the Tribunal that is challenged before us. 2.. In T.C.(R) No. 1008 of 1984 (State of Tamil Nadu represented by the Deputy Commis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect return, more with a view to postpone the tax legitimately due to the Government, or under a bona fide belief that his return was in accordance with law." From the facts extracted above, we have no hesitation to come to the conclusion that the assessee bona fide believed that it was claiming exemption in accordance with law and therefore did not include the turnover of sales of Reported in [19 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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