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    <title>2009 (12) TMI 877 - MADRAS HIGH COURT</title>
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    <description>A dealer who collected tax and surcharge despite turnover below the taxable limit was liable to penalty under section 22(2) of the Tamil Nadu General Sales Tax Act, 1959. The earlier view that such collection did not contravene section 22 was rejected because the decisive fact was that the collected amounts were not shown to have been remitted to the Government and were retained by the assessee. On that basis, the statutory penalty provision was attracted, and deletion of the penalty was held unsustainable.</description>
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      <description>A dealer who collected tax and surcharge despite turnover below the taxable limit was liable to penalty under section 22(2) of the Tamil Nadu General Sales Tax Act, 1959. The earlier view that such collection did not contravene section 22 was rejected because the decisive fact was that the collected amounts were not shown to have been remitted to the Government and were retained by the assessee. On that basis, the statutory penalty provision was attracted, and deletion of the penalty was held unsustainable.</description>
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      <pubDate>Thu, 17 Dec 2009 00:00:00 +0530</pubDate>
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