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TMI Blog2012 (1) TMI 135X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessing officer as against the reported taxable turnover? Whether, in the facts and circumstances of the case, the Appellate Tribunal is right in law in deleting the penalty of 1,04,069 under section 12(3)(b) of the Tamil Nadu General Sales Tax Act, 1959 even though the assessee has not reported the turnover as taxable and paid tax which amounts to filing of incorrect and incomplete return? Held that:- The order of the Tribunal is based on valid material. It is a question of fact. It is not a perverse order. We find no illegality or error in the order of the Tribunal that warrants interference by this court. Therefore, no question of law arises for consideration in admitting this tax case revision. X X X X Extracts X X X X X X X X Extracts X X X X ..... ubber hoses and carrying on business at No. 108, Angappa Naicken Street, Chennai 1. They had reported a total and taxable turnover of ₹ 39,25,254.33 and ₹ 9,90,194.76, respectively in their annual returns in form A1 for the year 1996-97 under the Tamil Nadu General Sales Tax Act, 1959. The assessing officer verified the accounts and found certain defects, viz., no day-today stock-cum manufacturing account is maintained and produced for verification; being the inter-State purchases, no separate day-to-day stock account is maintained; no separate sale bills for the manufactured item and no separate stock book and sales details for the first sales and second sales goods maintained with closing stock separate inventory is maintained ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of the assessing officer is in accordance with law and set aside the order of the Appellate Assistant Commissioner in respect of the turnover. The Tribunal was of the view that adopting the entire inter-State purchase basis for arriving at the taxable turnover is little harsh and excessive and accordingly reduced 50 per cent of the taxable turnover and arrived at ₹ 3,02,641 (Rs. 15,95,477 ₹ 9,90,194 = ₹ 6,05,283) to be taxed proportionately for the period from April 1, 1996 to July 15, 1996 at eight per cent and from July 17, 1996 to March 31, 1997 at 11 per cent. The Tribunal had correctly exercised its discretion in sustaining the turnover since the assessing officer himself estimated the taxable turnover. While estima ..... X X X X Extracts X X X X X X X X Extracts X X X X
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