1990 (8) TMI 357

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..... e. 2.. A statement of case has been made to this Court on the following questions: "Whether, on the facts and in the circumstances of the case, the Member, Additional Sales Tax Tribunal, was justified to hold that because the inspection was made on May 29, 1976 even though the materials detected disclosed suppression of transaction during the assessment year in question then the said report ca .....

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..... equent year cannot be the basis for rejection of the accounts. This was appreciated by the Tribunal who did not accept the estimate and allowed the appeal. Revenue preferred an application under section 24(1) of the Act on the basis of which this reference has been made. 4.. There cannot be any dispute that deficiency in subsequent years cannot be based for estimate in the previous year unless s .....

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..... suppression of transaction during the assessment year 1975-76 the said report cannot be utilised for the year 1975-76. 6.. Tribunal is competent to examine correctness of the estimate. On the finding that material is not acceptable it has allowed the appeal. Now after receipt of the answer Tribunal is to pass an order under section 24(5) of the Act to rehear the appeal on the question of correc .....

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