https://www.taxtmi.com/caselaws?id=164077 Penalty under section 12(5)(iii) of the Tamil Nadu General Sales Tax Act could not be imposed automatically for excluding freight and packing charges from taxable turnover where the assessee had filed returns on time, disclosed the amounts in total turnover, and acted on a then-binding High Court decision supporting that treatment. The court held that the omission was not deliberate, intentional, or aimed at tax evasion, especially since the legal position was unsettled only later when the precedent was reversed by the Supreme Court. The discretionary penal power therefore could not be invoked mechanically, and deletion of the penalty was upheld. en-us Thu, 25 Jun 2009 00:00:00 +0530 Fri, 07 Nov 2014 09:14:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=164077 Penalty under section 12(5)(iii) of the Tamil Nadu General Sales Tax Act could not be imposed automatically for excluding freight and packing charges from taxable turnover where the assessee had filed returns on time, disclosed the amounts in total turnover, and acted on a then-binding High Court decision supporting that treatment. The court held that the omission was not deliberate, intentional, or aimed at tax evasion, especially since the legal position was unsettled only later when the precedent was reversed by the Supreme Court. The discretionary penal power therefore could not be invoked mechanically, and deletion of the penalty was upheld. Case-Laws VAT and Sales Tax Thu, 25 Jun 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=164077