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    <title>1995 (1) TMI 366 - MADRAS HIGH COURT</title>
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    <description>Penalty under section 12(5) of the Tamil Nadu General Sales Tax Act, 1959 was not leviable where the assessee filed a revised return before completion of assessment and paid the tax due on that revised return within time. The defect in the original return was corrected during the assessment process, so the earlier return could not be treated as attracting penalty merely because revision became necessary on scrutiny. The operative principle is that timely revision and prompt payment of the disclosed tax defeat levy of penalty on these facts, and cancellation of the penalty was sustained.</description>
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      <title>1995 (1) TMI 366 - MADRAS HIGH COURT</title>
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      <description>Penalty under section 12(5) of the Tamil Nadu General Sales Tax Act, 1959 was not leviable where the assessee filed a revised return before completion of assessment and paid the tax due on that revised return within time. The defect in the original return was corrected during the assessment process, so the earlier return could not be treated as attracting penalty merely because revision became necessary on scrutiny. The operative principle is that timely revision and prompt payment of the disclosed tax defeat levy of penalty on these facts, and cancellation of the penalty was sustained.</description>
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