https://www.taxtmi.com/caselaws?id=165963 Penalty in reassessment proceedings under the Tamil Nadu General Sales Tax Act can be sustained only where the assessing authority records a definite finding that the escaped turnover resulted from wilful non-disclosure. A mere best judgment reassessment, inspection-based inference, or incorrect reference to another penal provision does not satisfy the statutory requirement. The text notes that the reassessment order levied penalty without clearly finding wilful suppression, and the Tribunal proceeded on an incorrect footing by treating the matter as one under a different assessment provision. On that basis, the penalty was held not sustainable and the assessee succeeded. en-us Fri, 10 Jun 2011 00:00:00 +0530 Mon, 15 Sep 2014 09:04:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=165963 Penalty in reassessment proceedings under the Tamil Nadu General Sales Tax Act can be sustained only where the assessing authority records a definite finding that the escaped turnover resulted from wilful non-disclosure. A mere best judgment reassessment, inspection-based inference, or incorrect reference to another penal provision does not satisfy the statutory requirement. The text notes that the reassessment order levied penalty without clearly finding wilful suppression, and the Tribunal proceeded on an incorrect footing by treating the matter as one under a different assessment provision. On that basis, the penalty was held not sustainable and the assessee succeeded. Case-Laws VAT and Sales Tax Fri, 10 Jun 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=165963