https://www.taxtmi.com/caselaws?id=128975 The High Court ruled in a case involving the jurisdiction to levy penalties after a lapse of two years. The Court emphasized that penalties under sub-section (3) of section 12 must be part of the assessment order and not a separate inquiry. It clarified that penalties are contingent upon findings of incompleteness or incorrectness in the return and are intertwined with the assessment process. The Court held that if the assessing authority did not include a penalty in the assessment order, it implied a conscious decision not to levy one, barring a succeeding authority from independently imposing penalties. The revision petition was dismissed. en-us Tue, 27 Jul 1965 00:00:00 +0530 Mon, 15 Apr 2013 18:12:07 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=128975 The High Court ruled in a case involving the jurisdiction to levy penalties after a lapse of two years. The Court emphasized that penalties under sub-section (3) of section 12 must be part of the assessment order and not a separate inquiry. It clarified that penalties are contingent upon findings of incompleteness or incorrectness in the return and are intertwined with the assessment process. The Court held that if the assessing authority did not include a penalty in the assessment order, it implied a conscious decision not to levy one, barring a succeeding authority from independently imposing penalties. The revision petition was dismissed. Case-Laws VAT and Sales Tax Tue, 27 Jul 1965 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=128975