TMI Blog2017 (7) TMI 1253X X X X Extracts X X X X X X X X Extracts X X X X ..... urnover was culled out from the books of accounts maintained by the petitioner, and tax was remitted only during the course of inspection. There is no specific finding recorded by the Authority that, there was deliberate intention on the part of the petitioner to evade payment of tax, or, to suppress the turnover. Hence, the imposition of penalty has to deleted - petition allowed. - Writ Petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the course of inspection. 3. The legal position with regard to the exemption of penalty, has been laid down in several decisions, and it is worthwhile to refer to the decisions rendered by the Hon'ble Division Bench of this Court, i) in the case of (State of Tamil Nadu Vs. Afra Car Jewels) reported in (2014) 76 VST 343 (Mad) and ii) (The State of Tamil Nadu, rep. by the Joint Commissione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unal has given a detailed analysis and arrived at the reasoning as above, and we find no ground to interfere with the said decision of the Tribunal . ii) In Tvl. Golden Holmes Pvt. Ltd., referred to supra, it is held as under:- ii) As we have noticed, section 27 (3) enables a penalty to be levied, wherever, revision of assessment has taken place, pursuant to deduction of a portion of turnove ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is held that, 'mere non disclosure does not automatically lead to levy of penalty'. 5. In the instant cases also, the entire turnover was culled out from the books of accounts maintained by the petitioner, and tax was remitted only during the course of inspection. There is no specific finding recorded by the Authority that, there was deliberate intention on the part of the petitioner t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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