9911796707
TMI Blog2009 (4) TMI 874X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner made in suo motu revision dated October 1, 1996. In that revision, the Joint Commissioner restored the revision of assessment made by the assessing officer along with penalty, which were set aside by the first appellate authority. The facts are: The assessee is a dealer in groundnut kernel. For the assessment year 1990-91, it reported a total and taxable turnover of Rs. 36,50,954 and Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egistration certificate renewed and on further ground that the goods were passed through the check-post, which was evident from the goods vehicle record. The Joint Commissioner, while exercising his suo motu revision power having found that the order of the first appellate authority is prejudicial to the interest of the Revenue and also erroneous caused a show-cause notice calling upon the dealer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her dealer Tvl. Vijayalakshmi and Co., Mulanur and Sri Palani Andawar Mills, Mulanur, the Appellate Assistant Commissioner, while considering the purchases made from the very same Senthilvel, rejected the claim of second sale exemption on the sole ground that the said Senthilvel was only a bill trader and he never dealt with the goods, but only passed on the bills. In addition to that, one more in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... only a bill trader. Thus, the voluminous materials available with the Department show that the said Senthilvel, the alleged seller is only a bill trader and he never dealt with any goods. When that being the factual position, the claim of second sale exemption by the assessee on the ground that the first sale is effected by the said Senthilvel cannot be a ground for granting exemption in favour o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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