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    <description>Penalty under section 12(3)(a) of the Tamil Nadu General Sales Tax Act, 1959 was held inapplicable where the turnover was determined from the assessee&#039;s statement and the books of account produced before the assessing authority. The court treated the distinction between an estimate based on books and an assessment directly based on books as illusory, and held that such an assessment is not a pure best judgment assessment. As the case did not fall within the best judgment category, the penal provision could not be invoked and the penalty was unsustainable.</description>
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