https://www.taxtmi.com/caselaws?id=164480 Penalty under section 12(3)(b) of the Tamil Nadu General Sales Tax Act, 1959 is not leviable where the assessment is completed on the basis of the assessee's returns and accounts under section 12(1), rather than by best judgment under section 12(2). The controversy arose from a claim of exemption for works contract turnover, but the turnover itself had been returned and the assessing authority relied on the books and returns. Applying the settled principle that section 12(3)(b) is attracted only to best judgment assessments, the penalty was held unsustainable and was set aside. en-us Mon, 14 Dec 2009 00:00:00 +0530 Thu, 24 Apr 2014 18:36:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=164480 Penalty under section 12(3)(b) of the Tamil Nadu General Sales Tax Act, 1959 is not leviable where the assessment is completed on the basis of the assessee's returns and accounts under section 12(1), rather than by best judgment under section 12(2). The controversy arose from a claim of exemption for works contract turnover, but the turnover itself had been returned and the assessing authority relied on the books and returns. Applying the settled principle that section 12(3)(b) is attracted only to best judgment assessments, the penalty was held unsustainable and was set aside. Case-Laws VAT and Sales Tax Mon, 14 Dec 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=164480