MARAGATHAM SILICATE INDUSTRIES Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS tax case appeal by the assessee only relates to a small sum of Rs. 503 levied as penalty by the Joint Commissioner under section12 (5) of the Tamil Nadu General Sales Tax Act, confirming the order of the assessment officer and setting aside the order of the Appellate Assistant commissioner which cancelled the said penalty levied.

(2.) WHILE the taxable turnover of the assessee in the assessment year in question, namely 1981-82 is more than Rs. 36, 00, 000, the assessee omitted to disclose a small turnover of Rs. 4, 189. 23 in the monthly return submitted by him in relation to the month of February, 1982. Admittedly the sale in relation to the said sum of Rs. 4, 189. 23 took place on the last day of January which was a Sunday (a holiday ). Though the turnover we accounted in the books of account, in February, while submitting the return in relation to February turnover, the accountant concerned had taken note of the sale bills of February and not the abovesaid sale which took place on January 31, 1982 and recorded in February in the account book. Thus, according to the assessee, it was a bona fide omission and so, no penalty could be levied. This plea was accepted by the Appellate Commissioner and in his order, he stated as follows :