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    <title>2021 (11) TMI 8 - MADRAS HIGH COURT</title>
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    <description>Escaped turnover assessment based on recovered proforma and sale invoices was not disturbed in writ jurisdiction because whether the material established suppression required factual examination through the statutory appellate process. The distinction from an earlier year rested on the absence of incriminating material in that assessment. Penalty under section 16(2) was unsustainable because the assessment relied on the dealer&#039;s accounts and recovered material rather than a best judgment assessment, a prerequisite for penalty in such proceedings. The tax assessment remained intact, while the penalty was set aside and the dealer was directed to pursue the statutory appeal for the surviving tax dispute.</description>
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    <pubDate>Fri, 22 Oct 2021 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=414227</link>
      <description>Escaped turnover assessment based on recovered proforma and sale invoices was not disturbed in writ jurisdiction because whether the material established suppression required factual examination through the statutory appellate process. The distinction from an earlier year rested on the absence of incriminating material in that assessment. Penalty under section 16(2) was unsustainable because the assessment relied on the dealer&#039;s accounts and recovered material rather than a best judgment assessment, a prerequisite for penalty in such proceedings. The tax assessment remained intact, while the penalty was set aside and the dealer was directed to pursue the statutory appeal for the surviving tax dispute.</description>
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      <pubDate>Fri, 22 Oct 2021 00:00:00 +0530</pubDate>
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