TMI Blog2018 (12) TMI 1280X X X X Extracts X X X X X X X X Extracts X X X X ..... es, there can be no allegation of willful non disclosure of taxable turnover. The penalty, which has been restored by the Tribunal, is set aside - tax case revision allowed. - Tax Case Revision Nos.151 to 153 of 2018 And CMP.Nos.20599, 20617 and 20922 of 2018 - - - Dated:- 27-11-2018 - Mr. Justice T.S. Sivagnanam And Mr.Justice N. Sathish Kumar For the Petitioner : Mr.C.Sivasubramanian For the Respondent : Mr.V.Haribabu, AGP COMMON ORDER T.S.SIVAGNANAM, J. We have heard Mr.C.Sivasubramanian, learned counsel for the petitioner and Mr.V.Haribabu, learned Additional Government Pleader accepting notice for the respondent. 2. The issue involved in these revisions lies in a narrow compass and therefore, with the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essing Officer of the petitioner further proposed to make equal addition towards probable omission and also proposed to levy penalty under Section 27(3)(b) of the Tamil Nadu Value Added Tax Act, 2006 (for brevity, the TNVAT Act). 5. The petitioner filed their objections stating that in respect of the alleged difference in the sales turnover between the income tax returns and the sales tax returns, the petitioner had immediately paid tax when the same was brought to their notice by the Inspecting Officials. The petitioner further contended that the difference in turnover was found out only from their accounts i.e. returns filed under the Income Tax Act, 1961 and the monthly returns filed under the TNVAT Act and that there was no willful n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... questions of law : i. Whether the Appellate Tribunal is legally correct in restoring the penalty levied under Section 27(3) of the TNVAT Act when the turnover, which were subjected to tax, were taken from the petitioner's books of accounts and as such, there was no suppression of turnover unearthed by the Department from outside the books of accounts maintained by the petitioner ? ii. Whether the Appellate Tribunal is correct in restoring the penalty levied under Section 27(3) of the TNVAT Act when there is no finding rendered by the Assessing Officer in the assessment order that the petitioner willfully failed to disclose the assessable turnover? And iii. Whether the Appellate Tribunal is correct in restoring the penalt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Appellate Deputy Commissioner rightly considered the petitioner's plea and deleted penalty. The reasons assigned by the Tribunal for restoring the penalty are not convincing and are not in accordance with the law laid down in the aforementioned decisions. It is not disputed by the Revenue that the alleged difference in turnover was found out only from the books of accounts i.e. the returns filed by the assessee under the Income Tax Act, 1961 and the monthly returns filed under the TNVAT Act. In such circumstances, there can be no allegation of willful non disclosure of taxable turnover. Furthermore, much prior to the issuance of the revision notices, the entire tax has been paid and it is represented by the learned counsel for the p ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
