1992 (8) TMI 251

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....penalty for the assessment year 1972-73 under sub-section (3) of section 12 of the Tamil Nadu General Sales Tax Act, 1959 (hereinafter referred to as "the Act"). Though the original assessment was made in 1974, it seems that a revised order of assessment was passed on June 2, 1976. Notice was issued under sub-section (3) of section 12 of the Act to impose penalty for the assessment year in questio....

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.... as it stood then. Sub-section (3) of section 12 as it stood then reads as follows:   "3. In addition to the tax assessed under sub-section (2) the assessing authority may, in the same order of assessment passed under sub-section (2), or by separate, order direct the dealer to pay by way of penalty- (a) a sum which shall not be less than fifty per cent but which shall not be more than o....

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....on 1972-73 penalty should have been imposed before March 31, 1978. The fact that the notice has been issued on March 1, 1978, will not take away the rigour of the section by which the penalty ought to have been imposed. Though a question was taken before us whether the amendment which came into force on December 1, 1972, could be made applicable for the assessment year 1972-73, we are not expre....