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TMI Blog1956 (8) TMI 37X X X X Extracts X X X X X X X X Extracts X X X X ..... r of only Rs. 47,239-1-8. It was also in evidence, based primarily on the note-book of the assessee seized, that for a period of two months purchases to the extent of Rs. 36,209-9-6 had been suppressed, in the sense that they were not brought into the accounts produced by the assessee. It may be true that more than one reason can be suggested as to why he did not bring to the regular accounts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ities held that part of the turnover of the assessee had been suppressed from the regular accounts he maintained and produced for the inspection of the departmental authorities. So, in addition to the turnover he had disclosed, an estimate was made of what he had suppressed, and it was on the total that he was assessed to sales tax. When the matter came up before the Appellate Tribunal, it was hel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act, the assessee, having broken the conditions of the licence that had been issued to him and held by him during the assessment year in question, forfeited his right to the concessional rate of 1/2 per cent. and that he was liable to pay the full amount under section 3 of the Act. As there was no specific finding recorded by the Tribunal, that the conditions of the licence held by the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellate Tribunal has jurisdiction to direct that the full tax which the assessee, who has contravened the condition of the licence held by him, would be liable to pay under the charging sections, for example, section 3, should be levied. The discretion to be used, of course, must be used judicially. Paragraph 5 of the order of the Appellate Tribunal, which we have extracted above, would appear ..... X X X X Extracts X X X X X X X X Extracts X X X X
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