1997 (10) TMI 371

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....s to pen down a common order in both these actions, inasmuch as the assessee-dealers involved are one and the same relatable to two different assessment years, namely, 1990-91 and 1991-92. Besides, the issue falling for consideration is also one and the same relatable to the imposition of penalty under section 10A of the Central Sales Tax Act, 1956 (Act No. 74 of 1956-for short "the CSTA"). 2......

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.... the purchases made by them on inter-State, for the relevant assessment years. The goods so purchased by them it is said, instead of being resold, in fact, had been utilised for construction of buildings put up by them for the manufacture of cotton yarn. Consequently, the Deputy Commercial Tax Officer, Rasipuram, imposed penalty upon the assessee-dealers for the said assessment years on the said t....

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....ration the relevant material available in the file, confirmed the orders of the Appellate Assistant Commissioner, giving rise to the present actions-T.C. (R) Nos. 530 and 542 of 1995 by the assessee-dealers. 8.. Mr. C. Natarajan, learned Senior Counsel representing Mr. N. Inbarajan, learned counsel appearing for the petitioner (in both cases) would in all sense of fairness, submit that he is no....

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....aring for the assessee-dealers and the view expressed by the said learned Government Advocate (Taxes) representing the Revenue, we rather feel that the quantum of penalty, as imposed by the Tribunal fixing it at twelve (12) per cent on the said turnover for the relevant assessment years may be further reduced to six (6) per cent on the turnover effected by the assessee-dealers for the two assessme....