9911796707
TMI Blog1995 (4) TMI 271X X X X Extracts X X X X X X X X Extracts X X X X ..... nd hence the assessing officer disallowed exemption for groundnut oil for Rs. 17,940 and Rs. 1,77,564 for groundnut oil cake. The inspection in the shop on August 18, 1979, revealed stock discrepancies. The inspection of the shop on August 15, 1979 and October 16, 1979, revealed sales without issue of bills. The purchase bills of 9,640 tins of vanaspati and 368 bags of cotton seeds revealed that out of the 150 tins remaining, the value was ascertained and assessed above the total taxable turnover at Rs. 22,86,221 and Rs. 5,72,966 respectively. Penalty of Rs. 10,398 also was levied for the suppression. 2.. Against the addition of Rs. 2,87,364 and levy of penalty of Rs. 10,398, the assessee preferred an appeal before the Appellate Assistant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oved that Rajamani Trading Corporation were bill traders, that they were available at Virudhunagar and that the assessee had proved that there was an earlier taxable sale and that as per the judgment of the Madras High Court in Deputy Commissioner (CT) v. Sivakumar and Company [1980] 45 STC 436 the assessee had done whatever he could and as such the Appellate Assistant Commissioner was right in deleting the turnover of groundnut oil for Rs. 17,940 and oil cake for Rs. 1,77,564. Regarding the penalty, the Tribunal relying upon the decision in State of Tamil Nadu v. Jakthi Veliyeetakam [1977] 40 STC 466 (Mad.) held that when the penalty was set aside by the Appellate Assistant Commissioner, there was no question of restoration. Thus, the enha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... timated value of Rs. 48,554 being the sale value of packing materials, is not liable to tax. The assessing officer has estimated the sale value of seeds and packing materials involved in the second sale of oil, vanaspati and cotton seeds. It was pointed out by the Tribunal that the assessee had not charged separately for the sale of packing materials. According to the provisions of rule 6(cc)(ii) in respect of goods not liable to tax at the hands of the assessee, the cost of packing materials and the cost of labour are not liable to be assessed whether or not, such amounts are specified and charged for by the assessee separately. In this case, the assessee had admittedly sold oil, vanaspati and cotton seeds, which are second sales and not l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urchases made from Rajamani Trading Corporation. The assessee produced purchase bills of groundnut oil for Rs. 15,600 and the groundnut oil cake for Rs. 1,57,835 from Rajamani Trading Corporation. The bill gives the R.C. number and C.S.T. number, etc. The address of the head office was also shown in the bill. All the sales are noted as second sales. Enquiries have been made by the officers at Virudhunagar regarding the genuineness of the R.C. applied for by the dealers. Letters given by Kerala Trading Corporation, Virudhunagar, S.A. Nataraja Nadar, Virudhunagar and Virudhunagar Chamber of Commerce and Industry, Virudhunagar, certifying that the above dealers are genuine dealers and are available at Virudhunagar. On the enquiry, it was found ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
