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TMI Blog2009 (8) TMI 1072X X X X Extracts X X X X X X X X Extracts X X X X ..... antitative basis, which has not at all been taken into consideration either by the Assessing Officer or the first appellate authority in deciding or in coming to the conclusion in so far as the stock variation is concerned. We see no reason to interfere with the findings of the Tribunal and accordingly, the questions of law are answered against the Revenue and in favour of the assessee. The revision fails and the same is accordingly dismissed. - Tax Case (Revision) No. 2027 of 2006 - - - Dated:- 6-8-2009 - F. M. Ibrahim Kalifulla And B. Rajendran,JJ. For the Petitioner : Mr. Haja Naziruddin Spl. Govt. Pleader for Taxes ORDER (Made by B. Rajendran,J.) The State Government has come forward with this revision as agains ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ock variation arrived at by the trading account method and following the decision of this Court reported in 103 STC 543, they concluded that no further addition is required in this case and accordingly, set aside and deleted the addition of equal amount of Rs.1,86,081/- and allowed that portion of the appeal and as far as the enhancement petition is concerned, they rejected the claim for the restoration of turnover of Rs.7,18,502/- in the enhancement petition and the consequential levy of tax, surcharge, additional sales tax and penalty and in the result, the appeal was modified and the enhancement petition was dismissed. Aggrieved against the modification and the deletion of the equal addition amount, the Revenue has filed the above revisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... addition was made in the last column making an equal addition without giving any reasoning at all. In fact, the Assessing Authority is a quasi judicial authority, who has to give reasons for his finding. Neither any analysis nor any evaluation was made, but straight-away, this equal addition was made without giving any reason at all. Contrary, the assessee had given ample documents, made objections, but nothing was considered or no opportunity was given to him to put forth his explanation in regard to the equal addition at any point of time. 7. Even the Appellate Assistant Commissioner has not given any finding in regard to the equal addition and the relevant prtion of the order is extracted as under: In this case, the inspecting of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n during 1994-95 and there is no continuous pattern of suppression or similar pattern of suppression involved in arriving the stock variation noticed at the time of inspection is well founded because of the fact that the stock variation was only arrived after taking into consideration of the opening stock as on 01.04.1994, purchases and sales upto the date of inspection, which is the cumulative effect of alleged suppression right from the period from 01.04.1994 to till the time of inspection. Moreover, the stock variation was arrived only on the basis of money value of the goods and not on the quantitative basis. Under the above circumstances, we feel that no further addition is required for the stock variation arrived by the trading accoun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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