2003 (2) TMI 455

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....the Board of Revenue is challenged in this appeal. 2.. Originally an order was passed against the appellant imposing a penalty in terms of section 45A of the Kerala General Sales Tax Act, 1963 (hereinafter referred to as "the Act"). That was challenged in an application before the Deputy Commissioner of Agricultural Income-tax and Sales Tax, Alappuzha, as provided for in sub-section (3) of that....

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....stant Commissioner. Supposing an order is one passed by the Appellate Assistant Commissioner, suo motu power cannot be invoked by the Board of Revenue. Imposition of penalty in terms of section 45A(1) is only "if the assessing authority or the Appellate Assistant Commissioner is satisfied that" any person had made any attempt to evade tax. Against such an order, an application is provided to the D....

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....ant Commissioner. 4.. A reading of section 37 of the Act indicates that the Board of Revenue cannot exercise suo motu power conferred under that provision against an order of the Appellate Assistant Commissioner. An order imposing penalty, as mentioned above, can also be in relation to the proceedings by the Appellate Assistant Commissioner as well. 5.. It cannot be taken that, if an order u....