https://www.taxtmi.com/caselaws?id=150635 The Madras High Court held that revisional powers under section 34 could be exercised only in relation to an order already passed by a subordinate authority. Because the assessing authority had neither expressly nor impliedly imposed penalty under section 12(3) at the assessment stage, there was no existing penalty order for the Board of Revenue to revise. The Board could correct or substitute an erroneous subordinate order, but it could not assume the original statutory function and create a fresh penalty order in revision. The penalty order was therefore without jurisdiction and liable to be set aside. en-us Wed, 31 Jan 1973 00:00:00 +0530 Mon, 20 May 2013 16:09:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=150635 The Madras High Court held that revisional powers under section 34 could be exercised only in relation to an order already passed by a subordinate authority. Because the assessing authority had neither expressly nor impliedly imposed penalty under section 12(3) at the assessment stage, there was no existing penalty order for the Board of Revenue to revise. The Board could correct or substitute an erroneous subordinate order, but it could not assume the original statutory function and create a fresh penalty order in revision. The penalty order was therefore without jurisdiction and liable to be set aside. Case-Laws VAT and Sales Tax Wed, 31 Jan 1973 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=150635