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    <title>2018 (4) TMI 371 - MADRAS HIGH COURT</title>
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    <description>Penalty under Section 12(3)(b) of the Tamil Nadu General Sales Tax Act was held inapplicable where the disputed turnover was traced to the assessee&#039;s books of accounts and the assessment was based on estimation from recorded figures, not on discovery of concealed turnover. The provision was applied only in the context of an assessment under Section 12(2), but it could not be invoked merely because the final assessment exceeded the return when no specific suppression or concealment was established. The Explanation to Section 12(3)(b) was treated as excluding book-based turnover from penal computation in the absence of proven suppression, and deletion of the penalty was upheld.</description>
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