1998 (1) TMI 432

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....with him), for the respondent.   Y. Prabhakar Rao, Advocate, for the appellant.   --------------------------------------------------   We are concerned in this appeal with the assessment year ended 31st March, 1968. The High Court before it the following two questions, referred to it by the Board of Revenue, M.P.: "1. Whether the power to confirm, reduce, enhance or annu....

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....f Rs. 5,68,790 had not been paid. The Deputy Commissioner, therefore, issued to the appellant a notice under section 43 of the M.P. General Sales Tax Act, 1958. The appellant's objections were overruled and a penalty of Rs. 1 lac was imposed. 3.. The appellant moved the Board of Revenue. It relied upon section 38(5) of the said Act contending that the appellate authority could only enhance a pe....

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....us: "43. Power of Commissioner or appellate authority to impose penalty.- If the Commissioner or the appellate authority in the course of any proceeding under this Act, is satisfied that a dealer has deliberately concealed his turnover in respect of any goods or furnished a false return, the Commissioner or the appellate authority, as the case may be, may after giving the dealer a reasonable op....

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....re imposing it. 5.. It is contended on behalf of the appellant that a penalty imposed under section 43 must be regarded as a fresh assessment and that, therefore, a penalty under section 43 can be imposed only within the period prescribed by section 18(8) of the said Act for the purposes of assessment. We find it difficult to accept the argument, for the power under section 43 can be invoked on....