https://www.taxtmi.com/caselaws?id=154457 Section 12(3) allows penalty to be imposed by separate order within the prescribed limitation period, and the power is not confined to the assessing officer who completed the assessment. A successor authority may levy penalty where the original authority did not consider the issue, but not where penalty had been consciously declined. On the facts, the alleged suppression was found to relate to an adjoining concern, so wilful non-disclosure by the assessee was not proved. The legal jurisdiction to act was recognised, but the penalty failed on merits and the cancellation of penalty was sustained. en-us Tue, 31 Jul 1984 00:00:00 +0530 Wed, 21 Aug 2013 15:55:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=154457 Section 12(3) allows penalty to be imposed by separate order within the prescribed limitation period, and the power is not confined to the assessing officer who completed the assessment. A successor authority may levy penalty where the original authority did not consider the issue, but not where penalty had been consciously declined. On the facts, the alleged suppression was found to relate to an adjoining concern, so wilful non-disclosure by the assessee was not proved. The legal jurisdiction to act was recognised, but the penalty failed on merits and the cancellation of penalty was sustained. Case-Laws VAT and Sales Tax Tue, 31 Jul 1984 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=154457