K. SRINIVASAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE above tax case revision is filed at the instance of the assessee as against the order of the Sales Tax Appellate Tribunal in respect of the assessment year 1993 -94. The tax case revision was admitted on the following substantial questions of law:

(2.) WHETHER , the penalty under section 12(3) of the TNGST Act can be levied for the estimated turnover of out turn of oil and on the estimation of corresponding purchase of kernel -

(3.) AS far as the levy of penalty is concerned, it is seen that the estimation in this case had been done based on the turnover of sale of oil -cake. The assessee is stated to have purchased the oil -cake from agriculturists. Inability to prove the existence of the persons, per se, does not call for levy of penalty at 150 per cent Thus, taking note of the facts and circumstances of the case, we reduce the penalty from 150 per cent to 50 per cent of the tax due on the suppressed turnover, assessable under the Tamil Nadu General Sales Tax Act.