9911796707
TMI Blog2008 (6) TMI 568X X X X Extracts X X X X X X X X Extracts X X X X ..... , in S.T.P. No. 1000 of 2005 had been filed praying to allow the revision petition and to set aside the order of the first appellate authority and the assessing authority and to re-verify the books of account and to pass orders on merits. The ground of attack before the Appellate Tribunal was that the first appellate authority has erroneously passed the order ignoring the statement of objection ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... omes to Rs. 5,58,043 and the finding recorded by the assessing authority with regard to Rs. 9,40,000 on the basis of the report of the intelligence authority without examining the objection statement filed by the assessee to the show-cause notice has rendered the impugned judgment of the Karnataka Appellate Tribunal bad in law. With reference to the abovesaid submissions of the learned counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d held that if the petitioner is unable to establish that the unaccounted purchases are from local registered dealers, then the assessing authority would be justified in taxing the corresponding suppressed sales as first sales at the hands of the petitioner as the burden of proof to prove the sale is second sale cast upon the petitioner under section 6A of the Act needs to be complied with. In vie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t appellate authority and further directed the assessee to discharge its burden as provided under section 6A of the Act to justify its claim made in the statement of objections. Therefore, the assessing authority is required to consider the objection statement. The objection statement of the assessee must be supported by the books of account regarding the purchase bills corresponding to those purc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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