1998 (1) TMI 508

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... its place of business at 122, Reserve Line, Sivakasi. The assessee submitted a return for the assessment year 1985-86. In the return so filed, it appears the assessee had claimed exemption on a turnover of Rs. 2,59,135, representing the sales of reading books as covered by item No. 22 of the Schedule to the notification made in G.O. Ms. No. 976, Revenue, dated March 28, 1959 and G.O. P. No. 40, Revenue, dated January 6, 1969. 3.. The assessing officer, viz., Commercial Tax Officer-I, Sivakasi, did not accept the claim of the assessee and included the said turnover of Rs. 2,59,135 in the assessable turnover. According to the assessing officer, the assessee simply printed certain materials according to the specification made by the publis....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n been made by any one on their behalf, praying for any adjournment. In such situation, we are left with no option except to dispose of the matter on merits, of course, after hearing Mr. K. Raviraja Pandian, learned Special Government Pleader, representing the Revenue. 8.. From the pith and submission of Mr. K. Raviraja Pandian, learned Special Government Pleader, representing the Revenue, and perusal of the order of the Tribunal, the one and only question that arises for consideration is as to whether the order of the Tribunal, on the facts and in the circumstances of the case, is sustainable in law? 9.. Item No. 22 of the Schedule to the notification reads as under: "22. Sales of reading books including text books by any dealer."....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

...... We may now advert to the order of the Tribunal relatable to the setting aside of the penalty imposed upon the assessee-dealer. Section 12(5)(iii) of Tamil Nadu General Sales Tax Act empowers the assessing authority to levy a penalty in a sum not less than 50 per cent and not more than 150 per cent of the difference in tax payable on the turnover disclosed in the return and that determined by the assessing authority. In case the return submitted by the assessee-dealer is found to be incorrect and incomplete. It is not as if the assessee-dealer did not disclose the entirety of the transactions in his accounts. The admitted fact is that the assessee-dealer disclosed the entirety of the transaction in his turnover. But what was done was that....