9911796707
TMI Blog2010 (2) TMI 1080X X X X Extracts X X X X X X X X Extracts X X X X ..... is dismissed - 1849 of 2008 - - - Dated:- 17-2-2010 - MURUGESAN D. AND JANARTHANA RAJA P.P.S. , JJ. ORDER:- The order of the court was made by P. P. S. JANARTHANA RAJA J. The above tax case revision is filed by the assessee against the order of the Tamil Nadu Sales Tax Appellate Tribunal made in T. A. No. 713 of 1997, dated November 6, 1998. The brief facts of the tax case revision are as follows: The relevant assessment year is 1993-94. The assessee is a dealer in electrical goods and they reported a total and taxable turnover of Rs. 58,25,750.14 and Rs. 2,15,320.70, respectively, under the Tamil Nadu General Sales Tax Act, 1959. The assessing officer verified the accounts and completed the assessment and determined ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Tribunal has considered all the facts and circumstances of the case, rightly confirmed the addition made by the lower authorities. Therefore, the findings given by the Tribunal are based on material facts. Hence, the order passed is in accordance with law and the same shall be confirmed. Heard the learned counsel appearing for the assessee as well as the learned Special Government Pleader (Taxes) appearing for the Revenue and also perused the materials available on record. The issue here is that there is suppression of the turnover. The Tribunal has considered the matter in detail and confirmed the order relating to sales suppression. In paragraphs 6 and 7 of the order of the Tribunal, the reasons stated therein are as follows: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n December 11, 1993. But for the inspection by the enforcement wing officers, the excess stock noticed at the time of inspection could have gone unnoticed and the turnover as per books of accounts might have been accepted. In such a circumstances, the actual sales suppression of Rs. 71,775 arrived at by adding 42 per cent gross profit to the purchase value of excess stock of Rs. 50,546 does not call for interference. 7.. The levy of corresponding penalty and the appropriate rate under section 12(3)(b) of the Tamil Nadu General Sales Tax Act, in respect of the turnover of Rs. 71,775 brought to assessment stands confirmed. On going through the above order, we find that the Tribunal has considered all the facts and circumstances of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
