2011 (10) TMI 547

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....of the court was made by P. JYOTHIMANI J.-The revision petition is filed to revise the order of the Sales Tax Appellate Tribunal (Additional Bench), Coimbatore passed in C.T.A. No. 165 of 1997 and seeking admission on the following questions of law: "(1) Whether, on the facts and circumstances of the case, the Appellate Tribunal is right in law and had valid materials to modify the appeal fi....

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....vised the assessment for the year 1993-94 and levied surcharge at 15 per cent and penalty at 150 per cent. After deducting the penalty already paid, viz., Rs. 15,914, the assessing officer worked out penalty at Rs. 1,27,600. It was against the said order, the assessee filed appeal before the Appellate Assistant Commissioner, Salem, who modified the order of the assessing authority and partly reman....

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....ppearing for the Revenue is that once the stock variation is admitted, imposing penalty is consequent upon the same and hence, there is no justification in relieving the assessee from the liability of payment of penalty. We do not accept the contention of the Special Government Pleader (Taxes). This is a case, where, the Tribunal applied its mind to set aside the penalty and it is not as if the....