https://www.taxtmi.com/caselaws?id=359188 Penalty under section 12(3) of the Tamil Nadu General Sales Tax Act was not leviable where the disputed turnover was recorded in the books of accounts and no suppression from the accounts was found. The governing principle under section 12(3)(b) is that penalty applies only when the assessment is based on an incorrect or incomplete return in the manner contemplated by the provision, and turnover already available in the books must be excluded under the later explanation. As the department had access to the recorded transactions and concealment from the accounts was not established, the revision failed and the assessee succeeded. en-us Wed, 28 Mar 2018 00:00:00 +0530 Thu, 26 Apr 2018 09:27:41 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=359188 Penalty under section 12(3) of the Tamil Nadu General Sales Tax Act was not leviable where the disputed turnover was recorded in the books of accounts and no suppression from the accounts was found. The governing principle under section 12(3)(b) is that penalty applies only when the assessment is based on an incorrect or incomplete return in the manner contemplated by the provision, and turnover already available in the books must be excluded under the later explanation. As the department had access to the recorded transactions and concealment from the accounts was not established, the revision failed and the assessee succeeded. Case-Laws VAT and Sales Tax Wed, 28 Mar 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=359188