https://www.taxtmi.com/caselaws?id=154475 Penalty under section 36(2)(c) read with Explanation (1) of the Bombay Sales Tax Act, 1959 could not be levied on a part-year assessment merely because the assessment order covered only part of the year. The Explanation uses the tax paid and tax assessed for "any year", and the Act treats the year as the normal unit of assessment unless it expressly allows part-year assessment or reassessment. The deeming fiction for concealment is therefore attracted only by comparison with the full statutory year, not a truncated assessment period. Penalty proceedings may be initiated during assessment or reassessment, but the levy depends on the annual tax comparison. en-us Thu, 13 Feb 1986 00:00:00 +0530 Wed, 21 Aug 2013 18:01:17 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=154475 Penalty under section 36(2)(c) read with Explanation (1) of the Bombay Sales Tax Act, 1959 could not be levied on a part-year assessment merely because the assessment order covered only part of the year. The Explanation uses the tax paid and tax assessed for "any year", and the Act treats the year as the normal unit of assessment unless it expressly allows part-year assessment or reassessment. The deeming fiction for concealment is therefore attracted only by comparison with the full statutory year, not a truncated assessment period. Penalty proceedings may be initiated during assessment or reassessment, but the levy depends on the annual tax comparison. Case-Laws VAT and Sales Tax Thu, 13 Feb 1986 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=154475