9911796707
TMI Blog1995 (2) TMI 425X X X X Extracts X X X X X X X X Extracts X X X X ..... on of Rs. 5,130 being nine times the actual suppression. During the inspection on March 22, 1979 suppressions were noticed on several items. The assessing officer made addition equal to two times the actual suppression. The total suppression was fixed at Rs. 6,53,412 and the assessing officer also made an addition of Rs. 2,000 towards defects in the accounts. Finally, the assessing officer, determined the total and taxable turnover at Rs. 1,44,84,936 and Rs. 39,21,841 respectively. The assessing officer also levied a penalty of Rs. 12,772 under section 12(3) of the Tamil Nadu General Sales Tax Act, 1959 (hereinafter referred to as "the Act") for the suppression. 2.. On appeal, the Appellate Assistant Commissioner gave partial relief. Aggr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... parate accounts for taxable and non-taxable goods, that it is not practicable to maintain separate sales accounts for different kinds of goods handled by the assessee, that the gross profit earned by the assessee is normal, that the excess stocks noted during the inspection was due to incorrect stock taking by the officer, that the shortage noticed is due to non-posting of accounts, that cooly payments entered in the slips were taken as suppressions, was pointed out by the assessing officer, in his order, that the stock difference cannot be treated as suppression, that the assessing officer, himself admitted that the assessee raised sale bills and made entries in the accounts and that all the sales have been accounted for in the accounts an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Considering the fact that the sales during the year are mostly second sales and there was only a small extent of stock discrepancies, another addition of Rs. 5,000 was made as ad hoc addition. Considering the nature of quantum of suppressions, the Tribunal reasonably refixed the penalty at Rs. 200 under section 12(3) of the Act. Accordingly the enhancement petition was dismissed. The reasons given by the Tribunal in determining the addition towards the suppressed turnover in view of the discrepancies noticed, appear to be quite convincing. Therefore, we are not inclined to interfere with the suppressed turnover determined and the penalty refixed by the Tribunal. In view of the abovesaid order passed in the quantum appeal as well as the en ..... X X X X Extracts X X X X X X X X Extracts X X X X
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