https://www.taxtmi.com/caselaws?id=163275 Penalty under section 12(3)(b)(v) of the Tamil Nadu General Sales Tax Act, 1959 is sustainable only where the assessment is made to the best of judgment under section 12(2). A best judgment assessment applies when no return is filed in time or the return is incomplete or incorrect, and it must be estimate-based with a reasonable nexus to the material available. Where the assessing authority accepts the assessee's books and records, the assessment is not one under section 12(2). On the stated facts, the assessment was substantially based on accepted accounts, and a change in tax rate for one turnover item did not alter its character; the penalty was therefore not leviable and the penalty order was set aside. en-us Fri, 26 Oct 2007 00:00:00 +0530 Sat, 20 Dec 2014 13:56:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=163275 Penalty under section 12(3)(b)(v) of the Tamil Nadu General Sales Tax Act, 1959 is sustainable only where the assessment is made to the best of judgment under section 12(2). A best judgment assessment applies when no return is filed in time or the return is incomplete or incorrect, and it must be estimate-based with a reasonable nexus to the material available. Where the assessing authority accepts the assessee's books and records, the assessment is not one under section 12(2). On the stated facts, the assessment was substantially based on accepted accounts, and a change in tax rate for one turnover item did not alter its character; the penalty was therefore not leviable and the penalty order was set aside. Case-Laws VAT and Sales Tax Fri, 26 Oct 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=163275