TMI Blog2012 (1) TMI 142X X X X Extracts X X X X X X X X Extracts X X X X ..... h the said judgment. Since the claim of the assessee was that they were under the bona fide belief that the sale of REP licences/exim scrips was not goods, they did not disclose the same in the returns and they preferred appeal to the Tribunal. The Tribunal also upheld their contention and allowed the appeal. In our opinion, as the issue has been settled by this court in the abovesaid judgment, we are unable to take a different view on the facts and circumstances of this case. Accordingly, we are of the view that the Tribunal is correct in deleting the penalty and we confirm the order of the Tribunal and dismiss the tax case (revision). - Tax Case (Revision) No. 612 of 2006 - - - Dated:- 27-1-2012 - MURUGESAN D. AND JANARTHANARAJA P.P.S. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... )(iii) of the Tamil Nadu General Sales Tax Act, 1959. Aggrieved by that order, the assessee has filed an appeal before the Appellate Assistant Commissioner. The Appellate Assistant Commissioner taking into consideration of the plea that there was bona fide belief, reduced the penalty to 50 per cent and modified the penalty amount at ₹ 11,283 under section 12(5)(iii) of the Act. Aggrieved by that order, the assessee filed an appeal before the Tamil Nadu Sales Tax Appellate Tribunal. The Tribunal deleted the penalty and allowed the appeal on the ground that the assessee has not included the taxable turnover under the bona fide belief. Aggrieved by that order, the Revenue has filed the present appeal. 3. The learned counsel appearing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld invoke the provisions of section 12(5)(iii) of the Tamil Nadu General Sales Tax Act for imposing penalty on the ground of non-disclosure of the turnover on the sale of REP licences and exim scrips. The Tribunal allowed the appeal in favour of the assessee by following the judgment of this court in P. S. Apparels v. Deputy Commercial Tax Officer, T. Nagar East Assessment Circle, Madras reported in [1994] 94 STC 139 (Mad) on the ground that the assessee had paid the tax as assessed by the assessing authority and that they had acted only under the bona fide belief that they were not liable to include the sales turnover of REP licences/exim scrips. That was a case where this court was considering the question as to whether REP licences/exim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... derlying intent of penalty is only to deal with the non-disclosure of a turnover which with the oblique purpose of evading liability or postponing the payment of tax lawfully due to the State. 7. Having regard to the above legal position, the case on hand must be considered. While considering the appeal, the Appellate Assistant Commissioner had not gone into the question of bona fides of the assessee. Nevertheless, by placing reliance on the judgment of this court in P.S. Apparel's case [1994] 94 STC 139 (Mad), while affirming the levy of penalty, had reduced the penalty from 150 per cent to 50 per cent which, according to the assessee, was not in accordance with the said judgment. Since the claim of the assessee was that they were u ..... X X X X Extracts X X X X X X X X Extracts X X X X
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