RAJESH TRADING COMPANY Vs. SECRETARY

JUDGEMENT

(1.) This Tax Case is filed to revise the impugned order dated 26.03.2008, in Madurai Tribunal Appeal No.85 of 2007 passed by the Sales Tax Appellate Tribunal (Additional Bench), Madurai.

(2.) Short points that arises for consideration in the present revision is whether the penalty imposed under Section 12(3)(b) of the Tamil Nadu General Sale Tax Act, 1959 on the petitioner is sustainable or not in the facts of the present case.

(3.) The petitioner, a dealer had purchased a car for use in business. Subsequently, the petitioner sold the same on its depreciated value. Though this transaction was captured in the book of accounts of the petitioner, it was not included in the taxable turnover for payment of sales tax.