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TMI Blog2006 (9) TMI 505X X X X Extracts X X X X X X X X Extracts X X X X ..... f the assessee. The assessee is engaged in the business of resale of electric and electrical goods and is registered under the provisions of the Punjab General Sales Tax Act, 1948 (for short, the 1948 Act ) as a dealer. The petitioner had surrendered rupees twenty lacs as income during the course of survey carried out by the income-tax department under section 133A of the Income-tax Act, 1961 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5 lacs was not reflected in the sales but the credit side was balanced by an entry of rupees twenty lacs as miscellaneous business income. According to the Assessing Authority this was deliberately done with a view to evade payment of sales tax. The Assessing Authority made addition of rupees twenty lacs in the gross turnover rejecting the returns filed and created an additional demand of Rs. 5,28 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd perused the record. The apex court in Girdhari Lal Nannelal's case [1977] 39 STC 30 while dealing with the similar controversy held as under: The approach which may be permissible for imposing liability for payment of income-tax in respect of the unexplained acquisition of money may not hold good in sales tax cases. For the purpose of income-tax it may in appropriate cases be permissibl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned. Learned counsel for the petitioner was also confronted with the provisions of section 68 of the Punjab Value Added Tax Act, 2005 (for short, the 2005 Act ) which specifically provides that an appeal or revision lies to the High Court against any order passed by the Tribunal. But the counsel was unable to show as to how the writ petition would be maintainable in the wake of an alternative ..... X X X X Extracts X X X X X X X X Extracts X X X X
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