https://www.taxtmi.com/caselaws?id=150448 Penalty under section 12(3) of the Tamil Nadu General Sales Tax Act is attracted only when the assessment is completed under section 12(2) by best judgment after rejection of the return. A mere incorrect return, without a best judgment assessment, does not by itself justify penalty. Here, the disputed turnover was already found in the assessee's account books and the assessment was made on that basis, not on an estimated best judgment footing. The cited precedent construing section 12(3) was applied, and the contrary decision was distinguished because it involved a genuine best judgment assessment. en-us Mon, 09 Oct 1972 00:00:00 +0530 Fri, 17 May 2013 10:12:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=150448 Penalty under section 12(3) of the Tamil Nadu General Sales Tax Act is attracted only when the assessment is completed under section 12(2) by best judgment after rejection of the return. A mere incorrect return, without a best judgment assessment, does not by itself justify penalty. Here, the disputed turnover was already found in the assessee's account books and the assessment was made on that basis, not on an estimated best judgment footing. The cited precedent construing section 12(3) was applied, and the contrary decision was distinguished because it involved a genuine best judgment assessment. Case-Laws VAT and Sales Tax Mon, 09 Oct 1972 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=150448