9911796707
TMI Blog2019 (12) TMI 466X X X X Extracts X X X X X X X X Extracts X X X X ..... ernment Pleader ORDER DR.VINEET KOTHARI, J., The Revenue has filed the above Tax Case Revision aggrieved by the order dated 30.04.2014 in T.A.No.206 of 2010, by which, the Sales Tax Appellate Tribunal was pleaded to set aside the penalty imposition with the following reasons: "9. Admittedly it is not in dispute that there was a difference of tax between the tax assessed and tax paid as per re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nover which were available in the books of accounts. Recently, the Hon'ble High Court of Madras in the case of Indira Industries-vs-State of Tamil Nadu report in 69 VST 139 wherein "Pursuant to the inspection conducted at the business premises of the petitioner a manufacturer of industrial noise control machineries and components the assessing officer found that the petitioner had effect fir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rence between the tax assessed and tax paid on a revision petition. Held that the explanation to Sec.12(3)(b) of the Act specified the turnover which merited to be excluded for the purpose of levy of penalty, one such being the turnover representing addition related to book turnover itself. Only those turnovers which were estimated having reference to a specific concealment invited the penal pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ver representing addition related to book turnover itself and the turnover which are already available in the books of accounts ought to be excluded and only those turnover which are estimated having reference to a specific concealment alone, the purpose of addition, invites the penal provisions under the Tamil Nadu General Sales Tax Act 1959. In the instant case, in fact the turnovers in question ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Tribunal appeal stands Allowed." 2. After hearing the learned counsel for the petitioner/revenue, we are of the opinion that no question of law raises in the present tax case revision. The learned Tribunal has recorded the finding of the fact that the turnover in question is very much reflected in the books of accounts and there is no justification for imposition of penalty for concealment o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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