1983 (8) TMI 241

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....ons were found in stock position with reference to the stock registers. The Commercial Tax Officer by his order dated 5th October, 1976, determined such total variations at Rs. 36,916 and added the same to the admitted turnover. After disallowing certain exemptions the net turnover was determined at Rs. 9,59,390. Subsequently the Commercial Tax Officer initiate penalty proceedings and by his order dated 6th June, 1977, levied penalty of Rs. 9,982 i.e., at five times the tax alleged to have been suppressed.   Against the said orders of the Commercial Tax Officer, the petitioner preferred two appeals before the Assistant Commissioner, Guntur, contending that the addition of turnover is unwarranted and levy of penalty is illegal. By co....

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....proper on the facts and in the circumstances of the case? The main submission of Mr. S.R. Ashok, the learned counsel for the petitioner is that the Appellate Tribunal committed an obvious error in thinking that penalty at five times the tax levied by the Commercial Tax Officer was still in force and it was on that mistaken premise, penalty was reduced to twice the tax. He submits that the Tribunal lost sight of the fact that the Assistant Commissioner modified the order of the assessing authority by holding that penalty at half the tax would meet the ends of justice. On the other hand, the learned Government Pleader tried to sustain the order on the ground that the Appellate Tribunal has power to enhance the penalty under clause (4) of Sect....