https://www.taxtmi.com/caselaws?id=62646 Where an assessment is set aside and remanded because the dealer was denied a reasonable opportunity to produce books of account, a penalty based on the same default in filing returns and depositing tax should not normally be sustained independently. The penalty issue, including quantum, must be reconsidered along with the fresh assessment because it is linked to the same factual basis that led to annulment of the assessment. The proper course is to remit both assessment and penalty for fresh determination in accordance with law. en-us Wed, 01 Dec 1976 00:00:00 +0530 Mon, 23 Jan 2012 16:30:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=62646 Where an assessment is set aside and remanded because the dealer was denied a reasonable opportunity to produce books of account, a penalty based on the same default in filing returns and depositing tax should not normally be sustained independently. The penalty issue, including quantum, must be reconsidered along with the fresh assessment because it is linked to the same factual basis that led to annulment of the assessment. The proper course is to remit both assessment and penalty for fresh determination in accordance with law. Case-Laws VAT and Sales Tax Wed, 01 Dec 1976 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=62646