2009 (12) TMI 875

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..... correctness of the order passed by the Karnataka Appellate Tribunal, Bangalore in S.T.A. No. 1186 of 2005 dated August 24, 2006. The appeal is admitted to consider the following question of law, which reads thus: "In the facts and circumstances of the case, whether the Karnataka Appellate Tribunal was justified in setting aside the order passed by the assessing authority and the appellate autho .....

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..... ore the Income-tax authorities wherein, he had admitted the clandestine transactions of edible oil and also unaccounted transactions in the form of demand drafts by issuing notice to the assessee, the Deputy Commissioner of Commercial Taxes, came to the conclusion that the order of assessment has to be reopened and accordingly, it was reopened and levied penalty and completed the order of assessme .....

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..... the income-tax authorities, wherein the managing partner has admitted the clandestine transactions of edible oil by obtaining demand drafts in clandestine manner in the name of others. According to him, the Tribunal has given go by to the material available on record and has allowed the appeal erroneously. Therefore, he requests the court to answer the question of law in favour of the Revenue, si .....

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..... aph 21, the Tribunal without considering the observations made by the Deputy Commissioner of Commercial Taxes has wrongly stated that the Department did not have any information from the Income-tax Department, which according to us, prima facie is an irregularity committed by the Tribunal. According to us, without considering the order of assessment, the Tribunal has observed as if the Department .....

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..... S.T.A. No. 1186 of 2005 dated August 24, 2006. The matter is remanded to the Deputy Commissioner of Commercial Taxes, for fresh consideration and in accordance with law by giving reasonable opportunity. If any other materials are required, it is open for the Department to secure the same and proceed with the matter. Accordingly, the appeal is allowed.  
Case laws, Decisions, Judgements, .....

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