https://www.taxtmi.com/caselaws?id=160445 Penalty could not be sustained once the provisional assessment merged into the final assessment and the tax and interest demand was deleted. The Tribunal accepted that the assessee's factual position stood reflected in the final assessment, leaving no surviving tax liability and no basis to characterise the matter as involving evasion, avoidance, or concealment of tax. As the foundation for penalty had disappeared, the penalty demand notices were liable to be set aside. The availability of an appellate remedy did not justify withholding relief in the present proceedings. en-us Wed, 15 Apr 1998 00:00:00 +0530 Wed, 18 Dec 2013 14:36:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=160445 Penalty could not be sustained once the provisional assessment merged into the final assessment and the tax and interest demand was deleted. The Tribunal accepted that the assessee's factual position stood reflected in the final assessment, leaving no surviving tax liability and no basis to characterise the matter as involving evasion, avoidance, or concealment of tax. As the foundation for penalty had disappeared, the penalty demand notices were liable to be set aside. The availability of an appellate remedy did not justify withholding relief in the present proceedings. Case-Laws VAT and Sales Tax Wed, 15 Apr 1998 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=160445