VENKATESWARA OIL TRADERS Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) 1. (Tax Case Revisions filed under section 38 of the Tamil Nadu General Sales Tax Act, to revise the common order of the Sales Tax Appellate Tribunal (Coimbatore Bench) dated 10.01.1997 and passed in CTA Nos.533 and 601 of 1993.) K. RAVIRAJA PANDIAN, J. The revisions are filed against the order of the Sales Tax Appellate Tribunal, Coimbatore on 10.01.1993 in T.C. (A) No,533 of 1993, which relates to quantum of the liability of tax and T.C. (A) No,601 of 1993, which relates to penalty.

(2.) THE points to be decided in this case are whether the order of the Tribunal confirming the order of the Appellate Authority, who confirmed the addition made by the assessing officer is correct or not and whether the order of the Tribunal in not reducing the penalty more than 50% is correct or not.

(3.) IN respect of penalty, the assessing officer by separate proceedings, levied penalty in a sum of Rs.1,07,658/- under section 12(3) of the Tamil Nadu General Sales Tax Act, which amounts to 150% of the tax on the suppressed turnover. On appeal, the Appellate Assistant Commissioner has reduced to 100%. On assessee's further appeal before the Tribunal also, the Tribunal granted the relief in respect of penalty, in the sense the order of the Appellate Assistant Commissioner was modified and the rate of penalty was reduced to 50%.