https://www.taxtmi.com/caselaws?id=164353 Wilful suppression or wilful non-disclosure is required to sustain penalty in a sales tax matter; a mere adverse assessment or rejection of the assessee's explanation is insufficient. The Tribunal upheld suppression for assessment purposes after examining the recovered books and treating the issue largely as one of fact, while accepting some explanations and deleting part of the alleged suppression. Penalty under section 12(3) was nevertheless unsustainable because there was no clear finding of wilful suppression meeting the higher threshold for levy. The finding of suppression remained undisturbed, but the penalty was deleted. en-us Mon, 10 Nov 2008 00:00:00 +0530 Tue, 25 Nov 2014 10:18:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=164353 Wilful suppression or wilful non-disclosure is required to sustain penalty in a sales tax matter; a mere adverse assessment or rejection of the assessee's explanation is insufficient. The Tribunal upheld suppression for assessment purposes after examining the recovered books and treating the issue largely as one of fact, while accepting some explanations and deleting part of the alleged suppression. Penalty under section 12(3) was nevertheless unsustainable because there was no clear finding of wilful suppression meeting the higher threshold for levy. The finding of suppression remained undisturbed, but the penalty was deleted. Case-Laws VAT and Sales Tax Mon, 10 Nov 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=164353