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september 1971

Supreme Court of India · 1971-09-16

STATE OF MADRAS vs S. G. JAYARAJ NADAR & SONS

Citation / case number
SC 1969/60337
Court
Supreme Court of India
Petitioner
STATE OF MADRAS
Respondent
S. G. JAYARAJ NADAR & SONS
Bench
GROVER, A.N.

Judgment text excerpt

The Supreme Court upheld the High Court's decision regarding the assessment under the Madras General Sales Tax Act, 1959, specifically interpreting Sections 12(2) and 12(3). The Court clarified that a penalty can only be levied when an assessment is made under Section 12(2) due to incomplete or incorrect returns. Since the first and third items' turnovers were based on the assessee's accepted books, the penalty was not applicable to these items, confirming the High Court's ruling that only the second item warranted a penalty.

STATE OF MADRAS vs S. G. JAYARAJ NADAR & SONS · Niyam