https://www.taxtmi.com/caselaws?id=156633 Penalty under section 12(3) of the Tamil Nadu General Sales Tax Act was held to be discretionary and not automatic merely because the turnover was assessed on best judgment basis. Although inspection material and omitted receipts supported the assessment, the assessee's explanation that the amounts were premium receipts was relevant to whether there was wilful suppression. As the explanation and surrounding facts did not justify a finding of deliberate concealment, the Tribunal's deletion of penalty was upheld and penalty was not warranted. en-us Thu, 22 Aug 1991 00:00:00 +0530 Mon, 23 Sep 2013 11:59:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=156633 Penalty under section 12(3) of the Tamil Nadu General Sales Tax Act was held to be discretionary and not automatic merely because the turnover was assessed on best judgment basis. Although inspection material and omitted receipts supported the assessment, the assessee's explanation that the amounts were premium receipts was relevant to whether there was wilful suppression. As the explanation and surrounding facts did not justify a finding of deliberate concealment, the Tribunal's deletion of penalty was upheld and penalty was not warranted. Case-Laws VAT and Sales Tax Thu, 22 Aug 1991 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=156633