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    <title>2010 (2) TMI 1079 - MADRAS HIGH COURT</title>
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    <description>Penalty under section 16(2) of the Tamil Nadu General Sales Tax Act, 1959 was not leviable because the statutory condition of wilful non-disclosure of assessable turnover was not met. The turnover relating to sale of REP licence had been disclosed, and the assessee&#039;s claim of exemption was made on a bona fide belief that the issue had not attained finality while it remained pending before the Supreme Court. On those facts, the Tribunal&#039;s finding that penalty was unwarranted was neither perverse nor illegal, and the assessee&#039;s position was upheld.</description>
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      <description>Penalty under section 16(2) of the Tamil Nadu General Sales Tax Act, 1959 was not leviable because the statutory condition of wilful non-disclosure of assessable turnover was not met. The turnover relating to sale of REP licence had been disclosed, and the assessee&#039;s claim of exemption was made on a bona fide belief that the issue had not attained finality while it remained pending before the Supreme Court. On those facts, the Tribunal&#039;s finding that penalty was unwarranted was neither perverse nor illegal, and the assessee&#039;s position was upheld.</description>
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