https://www.taxtmi.com/caselaws?id=158490 Penalty under a sales tax provision must be construed strictly, and rebuttable presumptions under the two explanations operate on different factual bases. Explanation (2) applies only where returns are not filed in time without sufficient cause and the assessment proceeds on that footing; where belated returns were accepted, assessment was made on their basis, and the books disclosed the correct turnover without discrepancy, the presumption of concealment was rebutted. The note also states that the appellate authority may invoke the correct explanation if notice and opportunity are given, but rebuttal is not confined to proving that no turnover was taxable. en-us Fri, 03 Feb 1995 00:00:00 +0530 Tue, 29 Oct 2013 16:02:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=158490 Penalty under a sales tax provision must be construed strictly, and rebuttable presumptions under the two explanations operate on different factual bases. Explanation (2) applies only where returns are not filed in time without sufficient cause and the assessment proceeds on that footing; where belated returns were accepted, assessment was made on their basis, and the books disclosed the correct turnover without discrepancy, the presumption of concealment was rebutted. The note also states that the appellate authority may invoke the correct explanation if notice and opportunity are given, but rebuttal is not confined to proving that no turnover was taxable. Case-Laws VAT and Sales Tax Fri, 03 Feb 1995 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=158490