https://www.taxtmi.com/caselaws?id=68876 Penalty under section 12(3) of the Tamil Nadu General Sales Tax Act, 1959 is not sustainable where the assessing authority had already examined the issue during assessment and recorded that penalty was not exigible. A later levy in those circumstances is treated as a mere change of opinion, not a valid reopening of a concluded decision; it may be considered only when the question was left open earlier. The proceedings were also procedurally defective because the assessee was denied an opportunity to inspect seized records and reconcile the entries before penalty was imposed. Prompt payment of tax on the relevant transactions further supported deletion of the penalty. en-us Mon, 17 Feb 1975 00:00:00 +0530 Sat, 02 Apr 2011 11:57:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=68876 Penalty under section 12(3) of the Tamil Nadu General Sales Tax Act, 1959 is not sustainable where the assessing authority had already examined the issue during assessment and recorded that penalty was not exigible. A later levy in those circumstances is treated as a mere change of opinion, not a valid reopening of a concluded decision; it may be considered only when the question was left open earlier. The proceedings were also procedurally defective because the assessee was denied an opportunity to inspect seized records and reconcile the entries before penalty was imposed. Prompt payment of tax on the relevant transactions further supported deletion of the penalty. Case-Laws Income Tax Mon, 17 Feb 1975 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=68876