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TMI Blog2014 (1) TMI 1207X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant/assessee - Imposition of penalty and six tines differential duty - High Court reduced penalty and differential duty - Held that:- commissioner (appeal) hold that, apart from the stock variation found in the inspection, no actual case of suppression of unaccounted arrack was found - assessment is modified by limiting the addition by three times from six times, accordingly, turn-over ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an admitted fact that the dealer for the purpose of sale of arrack had to purchase arrack only from the Kerala State Beverages Corporation (for short, 'the Beverages Corporation'). After completion of the assessment proceedings for the assessment year 1991-92, there was an inspection in the business premises of the appellant/assessee by the Intelligence Squad of the Sales Tax Department of the St ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the customers, which is evident from the fact that both the shortage and the excess are of equal quantity. The assessing authority had not accepted the explanation tendered by the appellant/assessee and has concluded that there is suppression of the turn-over of the dealer and has calculated the said suppression six times of the quantity detected at the time of inspection. Accordingly, it had e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l as on the turn-over tax. 5. Aggrieved by the said order passed by the First Appellate Authority, the appellant/assessee was before the Tribunal. The Tribunal by its order dated 08.12.2000 has confirmed the order passed by the First Appellate Authority. 6. Being aggrieved by the orders so passed by the Tribunal, the appellant/assessee has preferred a Tax Revision before the High Court. The Hi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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