9911796707
TMI Blog2000 (2) TMI 815X X X X Extracts X X X X X X X X Extracts X X X X ..... 99394 the assessee disclosed closing balance of Rs. 2,40,079. He claimed exemption from payment of tax in respect of turnover of Rs. 1,16,481. The assessing authority did not accept the claim of the assessee and assessed the dealer on taxable turnover of Rs. 20,00,000 and imposed tax liability of Rs. 2,00,000. First appeal filed by the assessee was partly allowed and taxable turnover was reduced t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ear 199495. The Tribunal, however, committed error in treating the closing balance of the year 199394, worth Rs. 2,40,079 to have been sold by the assessee in the year under consideration. His next submission is that the Tribunal has observed in its order that 5 formsXXXI and 10 formsC were obtained by the dealer in the assessment year under consideration, though the assessee had declared that he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a report is obtained from the assessing authority which is dated January 21, 2000 showing vide a receipt No. 624253, dated April 29, 1993, five forms XXXI and vide receipt No. 110, dated April 3, 1998 three forms XXXI were returned by the assessee to the department but the report does not disclose that the forms returned by the assessee were those which were obtained by him in assessment year 1993 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the department's appeal. The department ought to have pointed out and in that view of the matter the dealer should have also pointed out that by assessment order dated 18th December, 1998 the closing balance of assessment year 199394 has been accepted by the assessing authority as opening balance of the assessment year 199495. In any case once the fact remains that the closing balance of assessm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessing authority dated January 21, 2000 does not help the dealer. Since there is nothing on record to show that 5 forms XXXI were returned on April 29, 1993 and 3 forms XXXI were returned on April 3, 1998 were the same which were issued to the dealer in the assessment year under consideration. Therefore, the contention of Sri Manglik that the forms were not utilised and returned to the departm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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