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TMI Blog2013 (11) TMI 560X X X X Extracts X X X X X X X X Extracts X X X X ..... sment under the Act - Held that:- As per the letter of the Indian Overseas Bank, Kodambakkam Branch, which is a Nationalised Bank, the total stock of polythene granules stored in Key cash Godown as accepted by the Bank was 8750 kgs. When that being the case, the apparent error in the statement made by the assessee cannot be taken as advantage of by the Revenue to make the assessment on the stock p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r 1994-95 raising the following questions of law :- "1. Whether the Appellate Tribunal was justified in reversing the order of the Appellate Assistant Commissioner and restoring the order of assessment contrary to the accepted fact and law which was passed pursuant to the D-3 proposal formulated by the enforcement wing officials as frowned upon by the Apex Court in 9 STC 428 and the Division Ben ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Assessing Officer also made equal time addition. Aggrieved by this, the assessee went on appeal before the First Appellate Authority. 3. The assessee resisted the assessment by stating that as per letter of the Indian Overseas Bank, Kodambakkam Branch, dated 23.09.1994, the total extent of stock of polythene granules stored in Key cash Godown is 8750 kgs only and the godown was under lock and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndian Overseas Bank, Kodambakkam Branch, which is a Nationalised Bank, the total stock of polythene granules stored in Key cash Godown as accepted by the Bank was 8750 kgs. When that being the case, the apparent error in the statement made by the assessee cannot be taken as advantage of by the Revenue to make the assessment on the stock position. The view of the Sales Tax Appellate Tribunal was th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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