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    <title>2019 (6) TMI 808 - MADRAS HIGH COURT</title>
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    <description>Penalty under section 27(3) of the Tamil Nadu VAT Act is attracted only where escapement of tax is accompanied by wilful non-disclosure. Regular filing of returns, timely tax payment, and full remittance of the differential tax after discrepancies were pointed out were relevant factors against penalty. Because the additional tax had already been paid before notice and the record did not justify a finding of wilful concealment, the penalty could not be sustained on the facts recorded. The assessment orders were set aside, with a direction for fresh consideration and redoing of the assessment.</description>
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    <pubDate>Fri, 07 Jun 2019 00:00:00 +0530</pubDate>
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      <description>Penalty under section 27(3) of the Tamil Nadu VAT Act is attracted only where escapement of tax is accompanied by wilful non-disclosure. Regular filing of returns, timely tax payment, and full remittance of the differential tax after discrepancies were pointed out were relevant factors against penalty. Because the additional tax had already been paid before notice and the record did not justify a finding of wilful concealment, the penalty could not be sustained on the facts recorded. The assessment orders were set aside, with a direction for fresh consideration and redoing of the assessment.</description>
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      <pubDate>Fri, 07 Jun 2019 00:00:00 +0530</pubDate>
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