https://www.taxtmi.com/caselaws?id=360086 Penalty under Section 12(3)(b) of the Tamil Nadu General Sales Tax Act, 1959 applies only when the assessment is made to the best of judgment on the basis of a non-existent, incomplete, or incorrect return; where turnover is taken from the assessee's books and accepted by the assessing authority, the penal foundation is absent. The text further notes that penalty is not automatic and cannot be sustained merely because additional tax liability is found, unless wilful suppression or a comparable defect in the return is established. On the stated facts, the penalty was deleted and the State's revision failed. en-us Wed, 21 Mar 2018 00:00:00 +0530 Thu, 10 May 2018 06:07:38 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=360086 Penalty under Section 12(3)(b) of the Tamil Nadu General Sales Tax Act, 1959 applies only when the assessment is made to the best of judgment on the basis of a non-existent, incomplete, or incorrect return; where turnover is taken from the assessee's books and accepted by the assessing authority, the penal foundation is absent. The text further notes that penalty is not automatic and cannot be sustained merely because additional tax liability is found, unless wilful suppression or a comparable defect in the return is established. On the stated facts, the penalty was deleted and the State's revision failed. Case-Laws VAT and Sales Tax Wed, 21 Mar 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=360086