https://www.taxtmi.com/caselaws?id=164531 Where an appellate finding held that the goods were taxable at 3% rather than 12%, the return could not be treated as false or incorrect merely because the assessing officer had applied the higher rate. Once that basis disappeared, the foundation for penalty also fell away, and the assessing officer lacked jurisdiction to impose it. The penalty order was therefore unsustainable and was quashed in favour of the petitioner. en-us Tue, 27 Oct 2009 00:00:00 +0530 Fri, 25 Apr 2014 15:43:46 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=164531 Where an appellate finding held that the goods were taxable at 3% rather than 12%, the return could not be treated as false or incorrect merely because the assessing officer had applied the higher rate. Once that basis disappeared, the foundation for penalty also fell away, and the assessing officer lacked jurisdiction to impose it. The penalty order was therefore unsustainable and was quashed in favour of the petitioner. Case-Laws VAT and Sales Tax Tue, 27 Oct 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=164531