9911796707
TMI Blog2009 (8) TMI 1107X X X X Extracts X X X X X X X X Extracts X X X X ..... nging home the guilt, is right in law? Held that:- We confirm the order of the Tribunal in so far as it ordered for the restoration of the estimation with regard to the stock variation noticed and arrived at by the assessing authority, which resulted in the determination of the taxable turnover in a sum of 8,26,305 and the tax levied thereon. In so far as the equal addition is concerned, the Tribunal itself has sustained the order of the Appellate Assistant Commissioner deleting such equal addition. The order of remittal passed by the Tribunal for the purpose of estimation of purchase tax turnover of raw materials for the manufacture of almirahs, wire chairs and tables is set aside and after deleting the equal addition as confirmed by the T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x liability, there was an equal addition and also imposition of penalty to the extent of 1½ times. The assessee challenged the order of the assessment before the Appellate Assistant Commissioner. The Appellate Assistant Commissioner modified the taxable turnover in a sum of Rs. 3,51,305. The Appellate Assistant Commissioner also reduced the penalty to an extent of 50 per cent. The equal addition was also deleted. Challenging the order of the Appellate Assistant Commissioner, both the assessee as well as the Department went on appeal before the Tribunal. By the impugned common order, the Tribunal took the view that the purchase turnover estimated under section 7A of the TNGST Act, is liable to be set aside, but the estimation of purch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... slodge such a finding of fact in a revision petition filed before us. Therefore, we do not find any question of law as well in order to interfere with the said finding of fact arrived at by the assessing authority as confirmed by the Appellate Tribunal. Since the Tribunal itself has sustained the deletion of equal addition as made by the Appellate Assistant Commissioner, there is nothing to be examined on that aspect. As far as the remittal order made by the Tribunal in respect of the remand of turnover arrived at under section 7A of the Act, is concerned, we find that the assessing authority carried out a detailed exercise while determining the turnover for the purpose of the purchase tax under section 7A of the Act. Here again, the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X
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