2011 (4) TMI 1266

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..... an, Special Government Pleader (Taxes), for the respondents ORDER The assessee is on revision as against the order of the Tamil Nadu Sales Tax Appellate Tribunal allowing the levy of penalty under section 12(3)(b) of the Tamil Nadu General Sales Tax Act. The assessing authority fixed the turnover after following the formula for incorrect and incomplete return. The tax case revision was admitted .....

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..... concerned, the Enforcement Wing found stock variation. It was further noticed that the dealers had effected consignments sales of finished goods manufactured by them by using the raw materials purchased after availing of the concessional rate of tax, which was contrary to the provisions under section 3(4) of the TNGST Act, 1959. On the accounts and return filed, the assessing officer adopted form .....

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..... hat when the assessment is one under section 12(1) of the Tamil Nadu General Sales Tax Act, the question of levy of penalty under section 12(3)(b) of the TNGST Act does not arise. A perusal of the order of assessment does not support the claim made by the assessee. The reasons for adopting the formula as given by the assessing officer in the order of assessment, clearly shows that in the absence .....

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