2009 (6) TMI 961

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....vailable in the books of accounts. Learned Special Government Pleader also submitted that the levy of penalty up to the year 1992-93 was held valid in law in the light of the decision reported in the case of Appollo Saline Pharmaceuticals (P) Ltd. v. Commercial Tax Officer (FAC) [2002] 125 STC 505 (Mad). Having considered the contention raised by the learned Special Government Pleader, we are not able to accept the same and we are not inclined to entertain this revision as we do not find any question of law to be determined. The assessment year with which we are concerned relates to 1992-93. The respondent is a dealer in rolling shutters. The assessment for the said year was finally made on the total taxable turnover of Rs. 25,35,277. Be....

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....difference of the tax assessed and the tax paid as per return, if the tax paid as per the return falls short of the tax assessed on final assessment by not more than five per cent; (ia) fifty per cent of the difference of the tax assessed and the tax paid as per return, if the tax paid as per the return falls short of the tax assessed on final assessment by more than five per cent but not more than fifteen per cent. (ii) seventy-five per cent of the difference of the tax assessed and the tax paid as per the return, if the tax paid as per the return falls short of the tax assessed on final assessment by more than fifteen per cent but not more than twenty-five per cent; (iii) one hundred per cent of the difference of the tax assessed....