https://www.taxtmi.com/caselaws?id=156515 Penalty for an incorrect or incomplete return under the Kerala General Sales Tax Act could not be sustained where the omitted turnover was already disclosed in the dealer's trading accounts and was taken into account in assessment. The court applied the principle that such penalty depends on a best judgment assessment; if the assessment does not rest on best judgment, the statutory foundation for penalty under section 45A(1)(d) fails. On those facts, the penalty orders were quashed and the amount recovered was directed to be refunded. en-us Mon, 18 Jun 1990 00:00:00 +0530 Fri, 20 Sep 2013 18:52:26 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=156515 Penalty for an incorrect or incomplete return under the Kerala General Sales Tax Act could not be sustained where the omitted turnover was already disclosed in the dealer's trading accounts and was taken into account in assessment. The court applied the principle that such penalty depends on a best judgment assessment; if the assessment does not rest on best judgment, the statutory foundation for penalty under section 45A(1)(d) fails. On those facts, the penalty orders were quashed and the amount recovered was directed to be refunded. Case-Laws VAT and Sales Tax Mon, 18 Jun 1990 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=156515