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TMI Blog2011 (3) TMI 1533X X X X Extracts X X X X X X X X Extracts X X X X ..... ransactions referred to therein, did not relate to the assessee. It must be noted that inspections revealed stock variation of 466.995 kgs. Going by the slips and the stock difference noted, it is very difficult for us to accept the case of the assessee that the order of the Tribunal is unsustainable. In the circumstances, we have no hesitation in confirming the order of the Tribunal. Accordingly, the appeal stands dismissed. - Tax Case (Revision) No. 864 of 2006 - - - Dated:- 23-3-2011 - JANARTHANARAJA P.P.S., JJ. ORDER The tax case revision is filed as against the order of the Tamil Nadu Sales Tax Appellate Tribunal restoring the order of the assessing authority. The appeal was admitted on the following substantial quest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. However in the objection to the show-cause notice, the assessee stated that the transactions noted in the slips did not relate to any purchase or sale of goods, but related to some other transactions other than purchase and sales. The assessing authority rejected the objection and confirmed the proposal already made. Aggrieved by the order of the assessing authority, the assessee preferred an appeal before the Appellate Assistant Commissioner, who allowed the appeal in part, while confirming the addition as well as slip No. 1. As regards slip No. 2, the appellate authority held that it only related to cash transaction with one Subramaniam and he had also merely noted the details and there was no purchase and sale involved. As regards ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee sought to offer explanation by correlating the entries to the transactions, an exercise which was never done either before the assessing authority or before the Enforcement Wing Officer. In these circumstances, the Tribunal set aside the order of the Appellate Assistant Commissioner directing the assessing authority to assess the turnover deleted by the Appellate Assistant Commissioner. Aggrieved by the same, the assessee has filed the above revision. The learned counsel appearing for the petitioner/assessee pointed out that when the appellate authority had given a detailed reasoning for cancelling the addition, the Tribunal ought not to have cancelled the order of the Appellate Assistant Commissioner to restore the assessment or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccount books really showed that they pertained to the dealings which took place and rightly recorded in the books of accounts much prior to the date of inspection during December, 1996. It is not as though the petitioner had not shown the transactions in the books of accounts, on the other hand, the only ground on which the Revenue contested before the Tribunal was that the assessee had not produced the books of accounts or correlated the accounts. The Appellate Assistant Commissioner accepted the explanation of the assessee in the appeal. Thus an appeal under the tax laws is treated as continuation of the assessment proceedings, no exception could be taken to the appellate authority going through the materials produced before it, particula ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons. Consequently, the estimation under slip No. 5, as confirmed by the Tribunal, stands. With reference to slip No. 7, there are entries as regards goods dealt with therein as well as entry on payment of cheque books. The Tribunal pointed out that these entries including one relating to the goods, did not disclose any purchase or sale. A perusal of the order of the appellate authority shows that no material was there to substantiate the contentions that the entries with reference to the transactions referred to therein, did not relate to the assessee. It must be noted that inspections revealed stock variation of 466.995 kgs. Going by the slips and the stock difference noted, it is very difficult for us to accept the case of the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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