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TMI Blog2010 (1) TMI 1132X X X X Extracts X X X X X X X X Extracts X X X X ..... terials to support his case to take a contrary view of the Tribunal. In such circumstances, the additions made on the basis of slip Nos. 4, 5 and 6 are confirmed and we answer the first question of law in favour of the Revenue and as against the assessee. In respect of equal addition made for probable omission, there is no material available on record for warranting said addition and the assessing officer has not given any reason. The Appellate Assistant Commissioner as well as the Appellate Tribunal have also without assigning any reasons, affirmed the order of the assessing officer. Accordingly, the second question of law is answered in favour of the assessee and as against the Revenue. Taking into consideration the explanation and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Appellate Assistant Commissioner, Madurai. The Appellate Assistant Commissioner dismissed the appeal and confirmed the order of assessment. As against the said order, the assessee has filed an appeal before the Tamil Nadu Sales Tax Appellate Tribunal, Madurai and the Tribunal has dismissed the appeal confirming the order of the lower authorities. Aggrieved against the said order, the petitioner filed an appeal before the Tamil Nadu Taxation Special Tribunal, Madras and after abolition of the same, it has now been transferred to this court and renumbered as Tax Case Revision No. 2057 of 2006. The revision was admitted on November 12, 2009 on the following substantial questions of law: (1) Whether the Appellate Tribunal was correc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... axable turnover in the original assessment by an order dated May 31, 1991 at Rs. 1,90,945 as against reported turnover of Rs. 1,68,582. Subsequently inspection was made by the Enforcement Wing Officer on August 5, 1989 and during the inspection, certain slips were recovered from the assessee s business place. Slip Nos. 4, 5 and 6 are credit bills of the dealers, which have been raised in the name of the Executive Officer, Town Panchayat of A. Vellalapatti. Those credit bills have not been raised at all on the date of inspection, but shown by the petitioner as has been accounted for in the accounts even prior to the date of effecting such sales. Therefore, the assessing officer was of the view that the transaction noted in the slips are diff ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nted and the same is deleted. Accordingly, the second question of law is answered in favour of the assessee and as against the Revenue. In respect of penalty levied under section 12(3) of the Act, the assessing officer levied penalty of Rs. 8,244. There is no wilful suppression to evade tax and the same has not been proved by the assessing officer. The assessee had given explanation, which has been rejected without any reasons. It is pertinent to note that the assessee has made a specific plea that the trans actions reflected in the books of account in respect of slip No. 25, is not related to the business transaction, but relates to mortgage amount. Taking into consideration the explanation and also the transaction reflected in the book ..... X X X X Extracts X X X X X X X X Extracts X X X X
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