https://www.taxtmi.com/caselaws?id=152085 Best judgment assessment under the Tamil Nadu General Sales Tax Act does not by itself establish penalty liability. The court held that limitation under section 16(1)(a) was inapplicable because the proceedings were treated as assessments under section 12(2), not escaped-turnover proceedings. It also sustained tax on the disputed turnover because the dealers failed to prove that the imported art silk was sold outside Tamil Nadu and never brought into the State. However, penalty under section 12(3) was set aside, as penal action requires a further judicial finding that actual turnover existed and was not disclosed, which cannot be inferred merely from a best judgment estimate. en-us Tue, 11 Apr 1978 00:00:00 +0530 Mon, 24 Jun 2013 14:57:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=152085 Best judgment assessment under the Tamil Nadu General Sales Tax Act does not by itself establish penalty liability. The court held that limitation under section 16(1)(a) was inapplicable because the proceedings were treated as assessments under section 12(2), not escaped-turnover proceedings. It also sustained tax on the disputed turnover because the dealers failed to prove that the imported art silk was sold outside Tamil Nadu and never brought into the State. However, penalty under section 12(3) was set aside, as penal action requires a further judicial finding that actual turnover existed and was not disclosed, which cannot be inferred merely from a best judgment estimate. Case-Laws VAT and Sales Tax Tue, 11 Apr 1978 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=152085