9911796707
TMI Blog1996 (12) TMI 380X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessees and also the department and the writ petitions and the writ appeals filed by the assessees have been considered by a Full Bench of this Court in T.C. (R) Petitions Nos. 474 to 478 of 1993 and W.P. Nos. 15530 and 15531 of 1995 (Chengalvarayan Co-operative Sugar Mills Ltd., Periyasevalai v. State of Tamil Nadu [1997] 105 STC 497) and opinion has been rendered on July 24, 1996. The follo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s it make any difference, if such subsidy is disbursed later at the time or after the supply of sugarcane? (5) Are expenses incurred by the assessee-sugar mills, up to the supply to commercial nursery and cane subsidy to cane-growers on supplies from commercial nursery part of sugarcane paid/payable to cane-growers? (6) Is supply of farm inputs at subsidised rates to be treated as consideration ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 12(3) or under section 12(5)(iii) or under section 16(2) of the Tamil Nadu General Sales Tax Act, 1959. We are of the view that the penalty levied, in the facts and circumstances of the case, is excessive. Taking into consideration all the facts and circumstances of the case and also the decision of the Full Bench referred to above [Chengalvarayan Co-operative Sugar Mills Ltd. v. State of T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enalty levied there shall be reduced to 50 per cent of the tax assessed. In Writ Appeal Nos. 443 to 447 of 1994, the order of the learned single Judge shall stand modified in terms of the order passed above. We also permit the appellants to withdraw the appeals preferred by them before the appellate authorities. No costs. 6.. W.M.P. Nos. 29863 and 29865 of 1992 and C.M.P. Nos. 4543 to 4547 and 7 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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