https://www.taxtmi.com/caselaws?id=164667 Penalty under section 12(3) of the Tamil Nadu General Sales Tax Act, 1959 is confined to best judgment assessments based on estimate. Where turnover is determined under section 12(1) from the assessee's own accounts, the statutory condition for penalty is not met. The assessment here was made on the basis of the accounts furnished and not on best judgment, so the levy under section 12(3)(b) was unsustainable. The legal position reaffirmed is that penalty cannot be imposed merely because an assessment is completed under section 12(1) if it does not rest on estimated turnover. en-us Thu, 03 Dec 2009 00:00:00 +0530 Tue, 29 Apr 2014 10:11:38 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=164667 Penalty under section 12(3) of the Tamil Nadu General Sales Tax Act, 1959 is confined to best judgment assessments based on estimate. Where turnover is determined under section 12(1) from the assessee's own accounts, the statutory condition for penalty is not met. The assessment here was made on the basis of the accounts furnished and not on best judgment, so the levy under section 12(3)(b) was unsustainable. The legal position reaffirmed is that penalty cannot be imposed merely because an assessment is completed under section 12(1) if it does not rest on estimated turnover. Case-Laws VAT and Sales Tax Thu, 03 Dec 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=164667