cannot be levied at all. This principle was laid down by Punjab & Haryana High Court in a proceeding for levying penalty under Section ... penalty under Section 158BFA(2) of the Act. Accordingly, the orders of the lower authorities are set aside and the penalty levied under Section 158BFA
TNVAT Act, 2006, was also levied as hereunder:-
Year
Penalty at
Penalty levied (Rs.)
2007 2008
100% of ITC availed for wrong availment ... remanded the assessment portion of the Assessing Officer, deleted the penalty levied by the Assessing Officer, under Section 27 (4) of TNVAT
Appellate Assistant Commissioner is hereby confirmed.
Issue No.II(Penalty):
CTA 462/97 Penalty levied ... Penalty levied u/s.12(3)(b) Rs.1,08,361/-
12. With regard to the levy of penalty, the learned Authorised Representative would argue
under Tamil Nadu General Sales Tax Act, 1959 , and levied penalty of Rs.70,452.00, under Section 12(3)(b) of the Act. Aggrieved over ... while upholding the levy of tax on the disputed turnover, have deleted the levy of penalty with the following observations
learned Assessing Officer has got the competence levy tax under Section 3B?
ii) Whether the levy of Penalty under Section ... Appellate Assistant Commissioner deleted the penalty under Section 12(3)(b) on the basis that the penalty levied is not legal as the assessment
penalty levied under Sec.12(3)(b) is also proper, I see no reason to interfere with the levy of tax and penalty, I sustain ... Therefore the levy of penalty u/s.12(3)(b) would not arise, 12(3)(b) penalty levied at Rs.15,162/- is setaside
respectively. He also levied penalty of Rs.2,98,683/-, under Section 12(3)(b) of the TNGST Act, 1959, for the shortfall established ... penalty under Section 12(3)(b) is automatic.
10. He has further submitted that the Tribunal erred in deleting the penalty as levy of penalty
definitely calls for levy of penalty. I therefore sustain the penalty of Rs.1,32,252/- as levied under Section ... that penalty is not leviable under Section 12(3)(b) since the estimation was based on the book purchase value. So the penalty levied
stock difference at the time of inspection, to which penalty is called for, the penalty levied by the Assessing Officer ... penalty under Section 12 (3) (b) is automatic.
7. He further submitted that the Tribunal erred in deleting the penalty holding that levy of penalty
under Tamil Nadu General Sales Tax Act, 1959 , and also levied penalty of Rs.6,19,703/-, under Section ... ordered to be restored.
8. PENALTY:- The Assessing Officer has levied penalty under section 12(3) of the Tamil Nadu General Sales
