9911796707
TMI Blog2012 (9) TMI 901X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Revenue under section 38 of the Tamil Nadu General Sales Tax Act, 1959, praying to revise the orders of the Tamil Nadu Sales Tax Appellate Tribunal (AB), Madurai, dated December 12, 2003 passed in M.T.S.A. No. 20 of 1999 raising the following questions of law: (1) Whether, the Tribunal is correct in upholding the order of the Appellate Assistant Commissioner which deleted the assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llate Assistant Commissioner. The Appellate Assistant Commissioner deleted the entire addition and also penalty levied under section 12(3)(i)(b)(v) of the Tamil Nadu General Sales Tax Act. Aggrieved by that, the Revenue filed an appeal before the Appellate Tribunal. The Appellate Tribunal dismissed the appeal, confirming the order of the Appellate Assistant Commissioner. Aggrieved by that, the Rev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same has to be set aside. Heard the counsel and perused the materials available on record. The assessing officer made an addition of ₹ 8,75,381 on the basis of inspection conducted by the Enforcement Wing Department at the place of the business of the assessee, and also on verification of the records from the place of business. It is pertinent to note that the assessing officer estima ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the method adopted by the Revenue cannot be accepted. Therefore, both the authorities below correctly took a view and held that it is not a reasonable method for making addition. Further, the Tribunal also has given a factual finding that even restoring 50 per cent of the addition deleted by the Appellate Assistant Commissioner, the assessee's turnover would not cross the minimum of taxable l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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