TaxTMI 
TaxTMI 
2018 (12) TMI 1280
X X X X Extracts X X X X
X X X X Extracts X X X X
....the learned counsel on either side, they are taken up for joint disposal. 3. The petitioner is a dealer in gold and silver articles registered on the file of the Assistant Commissioner (CT), Trichy Road Assessment Circle, Coimbatore. The petitioner effected purchases and sales, reported the same in their returns and paid value added tax after adjustment of the input tax credit in their monthly returns. In respect of the sales of exempted goods, the petitioner claimed exemption in their monthly returns. On 16.4.2014, the place of business of the petitioner was inspected by the officials of the Enforcement Wing and it was alleged that in respect of the exempted sales of metti, anklets, etc., there was no separate stock register maintained an....
X X X X Extracts X X X X
X X X X Extracts X X X X
....sable turnover and consequently, no penalty could be levied. 6. However, the Assessing Officer rejected the petitioner's objections and confirmed the proposals by passing the assessment orders dated 25.7.2016. As against the said assessment orders, the petitioner preferred appeals to the Appellate Deputy Commissioner (CT), Coimbatore, who, by a common order dated 04.8.2016, while sustaining the sales suppression and the purchase suppression, deleted the equal addition made and also the penalty levied under Section 27(3) of the TNVAT Act. 7. Aggrieved by the said common order passed by the Appellate Deputy Commissioner, the State preferred appeals before the Tribunal, which, by a common order dated 22.1.2018, partly allowed the appeals....
X X X X Extracts X X X X
X X X X Extracts X X X X
....VAT Act when the petitioner had paid the tax for the alleged difference immediately when the said differences were pointed out by the Enforcement Wing Officials at the time of inspection from the petitioner's own books of accounts ?" 9. We have carefully perused the materials placed on record. 10. In order to levy penalty under Section 27(3) of the TNVAT Act, the Assessing Officer has to point out that the assessee willfully failed to disclose the assessable turnover. Mere non disclosure is not sufficient to levy penalty. This legal position is well settled by this Court in several decisions namely i. State of Tamil Nadu Vs. Afra Car Jewels [reported in (2014) 76 VST 343 (DB); ii. State of Tamil Nadu Vs. Tvl. Golden Holmes Pvt. L....