Revised return filed before assessment completion did not attract penalty under sales tax law.

Penalty under section 12(5)(iii) of the Tamil Nadu General Sales Tax Act was held not exigible where the assessee filed a revised return before completion of assessment. The Court followed its consistent view that a revised return submitted before assessment is completed does not attract that penalty. On those facts, the Tribunal's cancellation of the penalty was upheld, and the revision failed.

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Issues: Whether penalty under section 12(5)(iii) of the Tamil Nadu General Sales Tax Act, 1959 was exigible where the assessee filed a revised return before completion of assessment.

Analysis: The revised return was filed before the assessing authority completed the assessment. A consistent view of the Court had been that, in such circumstances, penalty under section 12(5)(iii) is not exigible. The Tribunal had therefore cancelled the penalty, and no infirmity was found in that conclusion.

Conclusion: Penalty under section 12(5)(iii) was not exigible on the facts, and the cancellation of penalty was . The revision failed.

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