1970 (8) TMI 74

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....ivered by BISHAMBHAR DAYAL, C.J.-This is a reference under section 44 of the Madhya Pradesh General Sales Tax Act. The applicant filed his return in 1961 for sales during the previous year. In that return he showed a turnover of Rs. 1,16,215 and 11 annas as sales of kutti machines, but he claimed that this turnover was exempt from tax as kutti machine was an agricultural implement. This view was a....

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...." 3.. After hearing learned counsel for both sides we are satisfied that this is not a case in which penalty could be imposed. In section 43(1) two conditions are given under which a penalty could be imposed, namely,- (i) that the dealer has concealed his turnover or aggregate amount of purchase price in respect of any goods.....or (ii) that a false return has been furnished. Learned counsel....