2007 (11) TMI 584

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... P.K. MISRA J.-Heard Mr. Haja Naziruddin, Special Government Pleader for the appellants and Mr. S. Ramanathan for the respondent. The present appeals have been directed against the common order passed by the learned single judge in W.P. Nos. 3864, 3865 and 3586 of 1992. Such writ petitions had been filed by the present respondent for quashing the assessment order in respect of three theatres a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....was amended by the Tamil Nadu Act 25 of 1982, power was to levy penalty not exceeding 150 per cent. However, after such amendment was effected, the penalty to be assessed shall be: (a) fifty per cent of tax assessed or reassessed, if the tax paid as per the return, falls short of the tax assessed or reassessed by not more than ten per cent; (b) one hundred per cent of tax assessed or reasses....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tion 7B(3) that penalty is to be imposed if the authority comes to the conclusion that tax had not been levied on account of any wilful misstatement or suppression of facts by the proprietor. Learned single judge has nowhere discussed about such aspect and at any rate the learned single Judge has confirmed the order of assessment. In the absence of any finding by the learned single Judge to the ef....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....per cent of the penalty levied.   Having regard to the fact that the matter relates to about 30 years back, we feel interest of justice would be served by modifying the quantum of penalty to the amount already deposited by the petitioner. In such view of the matter, while setting aside the order of the learned single judge, we direct that the amount already deposited shall be the penalty p....