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    <title>2015 (9) TMI 524 - KARNATAKA HIGH COURT</title>
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    <description>Penalty under section 12B(4) of the Karnataka Sales Tax Act was analysed in a case where the assessee had already paid a substantial amount by cheque before service of the assessment order, but that payment was ignored while computing the balance demand and penalty. The revisional authority also relied on non-filing of form 32B under section 6A(2), even though the proviso supporting that reasoning had been omitted from 01.04.2002 and did not apply to assessment year 2003-04. The note states that, on these facts, the penalty was not sustainable and the revisional order was liable to be set aside in favour of the assessee.</description>
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      <description>Penalty under section 12B(4) of the Karnataka Sales Tax Act was analysed in a case where the assessee had already paid a substantial amount by cheque before service of the assessment order, but that payment was ignored while computing the balance demand and penalty. The revisional authority also relied on non-filing of form 32B under section 6A(2), even though the proviso supporting that reasoning had been omitted from 01.04.2002 and did not apply to assessment year 2003-04. The note states that, on these facts, the penalty was not sustainable and the revisional order was liable to be set aside in favour of the assessee.</description>
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