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2019 (8) TMI 668

..... the undisputed position as it unfurls in the hearing today, without expressing any view on the merits of the matter, writ petition can be disposed of by passing an order whereby the assessee gets a breather and the interest of Revenue is also protected. It is not in dispute that with regard to penalty liability of little over ₹ 11.05 lakhs of G.Jayabal i.e., ₹ 11,05,037/- to be precise, a sum of ₹ 1,51,038/- has already been debited from the bank account of the writ petitioner Company and the same has been paid out to the Department. In addition to this, the writ petitioner Company will now pay 25% of the penalty amount of ₹ 11,05,037/- to the first respondent - For the balance after giving credit to the aforesaid &# .....

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..... person. One of the Directors of the writ petitioner Company, namely, G.Jayabal, started doing business under the name and style of 'Supreme Chemical Industries' as sole proprietor. 6. Suffice to say that G.Jayabal was a dealer within the meaning of TNVAT Act, that there were proceedings qua G.Jayabal under TNVAT Act and that the same culminated in an order bearing Ref. No.TIN:33784384596/14-15 signed on 15.2.2017 (hereinafter 'said proceedings' for brevity). Said proceedings are revised assessment proceedings under Section 27(1) of TNVAT Act. The tax liability under said proceedings has been paid and there is no dispute about this. Penalty of ₹ 11,05,037/- (Rupees Eleven Lakhs Five Thousand and Thirtyseven only) was a .....

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..... ent of affidavit filed in support of the instant writ petition Mohan Prasath J Sengunthar is the son of aforesaid G.Jayabal. 11. In the light of one submission made by the learned counsel for writ petitioner, the entire matter now turns on an extremely narrow compass. It was submitted by the learned counsel that the aforesaid order dated 15.2.2017 i.e., revised assessment order made by the first respondent under which the aforesaid G.Jayabal is liable to pay little over ₹ 11.05 lakhs penalty is being assailed in a manner known to law and that the same will be done within eight weeks from today. 12. It was also submitted by the learned counsel for writ petitioner that the entire business/trading activities of the writ petitioner has be .....

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