2009 (7) TMI 1180

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....ioner herein. The assessing authority in his revised order dated February 28, 1997 levied a penalty of Rs. 43,988 under section 12(3) of the Tamil Nadu General Sales Tax Act, 1959 and also confirmed the assessment in a turnover of Rs. 5,10,000 for the financial year 1994-95. Aggrieved against the same, the assessee preferred an appeal before the Appellate Assistant Commissioner, who in turn confir....

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....if any assessment was made under section 12(1), the penalty under section 12(3) cannot be invoked. The Tribunal relying upon the decision of this court Appollo Saline Pharmaceuticals (P) Ltd. v. Commercial Tax Officer (FAC) reported in [2002] 125 STC 505 has categorically held that as the assessment has been completed under section 12(1), especially when the amounts were available in the records, ....

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....6 an Explanation has been added below section 12(3) which requires the turnover relating to the tax assessed on the basis of the accounts of the assessee, to be disregarded, while determining the turnover on which the penalty is to be levied under section 12(3)." A reading of this ruling would categorically prove beyond any reasonable doubt that the said decision is squarely applicable to the f....