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TMI Blog2013 (11) TMI 460X X X X Extracts X X X X X X X X Extracts X X X X ..... k, the addition made by the Assessing Officer, namely, twice the actual variation, is unwarranted. The Appellate Assistant Commissioner made an addition of actual suppression, holding that the same would be adequate towards probable omission - Appellate Assistant Commissioner is just and proper and the Joint Commissioner has re-fixed the turnover only for the purpose of bringing the taxable turnov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 05/- was found. It was also found that the assessee had not maintained the production-cum-stock account for oil and oil cake. The Assessing Officer, taking note of the above defects, resorted to best judgment assessment and determined the taxable turnover of ₹ 10,14,628/-, besides levying penalty of ₹ 232/- under Section 12(3) of the Tamil Nadu General Sales Tax Act. 3. Aggrieved ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner, who, in turn, after considering the various factors, found that an equal addition towards probable omission would be reasonable and accordingly, the Joint Commissioner re-fixed the turnover so as to bring the same above ₹ 10 lakhs. Thus, the Joint Commissioner made an equal addition of ₹ 7,500/- apart from the stock variation at ₹ 7,500/-. Challenging the said order, the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tract additional sales tax. 6. As we have already found that only an equal addition, as has been held by the first Appellate Authority, is just and reasonable, taking note of the subsequent accounting, we do not find any valid ground to sustain the order of the Joint Commissioner. Accordingly, the Tax Case Appeal filed by the assessee stands allowed and the order of the Joint Commissioner stand ..... X X X X Extracts X X X X X X X X Extracts X X X X
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