TVL GROWELL PHARMACEUTICALS Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This is an appeal filed against the order of the Joint Commissioner (Commercial Taxes) suo motu revision, Office of the Special Commissioner and Commissioner of Commercial Taxes, Chepauk, Chennai- 5 dated 22.6.1999 and passed in S.M.R. No. 619 of 1998, whereby the Joint Commissioner levied penalty under Section 12(3) of the Tamilnadu General Sales Tax Act in respect of assessment made under Section 12(2).

(2.) For the assessment year 1993-94, the petitioner was assessed to tax on a taxable turnover of Rs. 2,33,063/- under T.N.G.S.T. Act. The books of accounts of the appellant were verified and accepted by the assessing officer, however levied penalty in a sum of Rs. 20,976/- under Section 12(3)(A) of the Act on the tax, surcharge and additional surcharge due of the taxable turnover of Rs. 2,33,063/- which has not been declared to the Department. The appellant preferred an appeal before the Appellate Assistant Commissioner, who, while confirming the levy of tax, deleted the penalty on the premise that the turnover reflected in the books of accounts has been accepted by the assessing officer and there was no best judgment assessment. The Joint Commissioner by exercising power under Section 34 of the Act has taken up the matter suo motu and set aside the order of the Appellate Assistant Commissioner in respect of deletion of the levy of penalty and restored the order of assessment. The correctness of the same is now put in issue in this appeal before us.

(3.) We have heard the argument of the learned Counsel on either side and perused the materials on record.