9911796707
TMI Blog2012 (2) TMI 450X X X X Extracts X X X X X X X X Extracts X X X X ..... preferred by the assessee under section 38 of the Tamil Nadu General Sales Tax Act, 1959 against the order of the Tamil Nadu Sales Tax Appellate Tribunal (Additional Bench), Coimbatore dated March 7, 2001 passed in CTA. No. 262 of 1997 raising the following questions of law: "(1) Whether the Tribunal is right in sustaining the levy of purchase tax under section 7A of the TNGST Act, 1959, on the e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are stock variation and also certain slips relevant to business transaction were recovered in the inspection. Therefore, the assessing officer determined the total taxable turnover of Rs. 65,14,972 and Rs. 52,31,342. While completing the assessment, the assessing officer made addition in respect of stock variation of groundnut and kernel and treated as a first sale of Rs. 3,43,400. Following addi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 amounting to Rs. 2,87,344 and slip Nos. 2 and 3 amounting to Rs. 1,16,976 with a direction to the assessing officer to redo the same. In respect of other addition and equal addition, the Appellate Assistant Commissioner confirmed the same. Aggrieved by that, the assessee filed appeal before the Sales Tax Appellate Tribunal, who confirmed the additions and equal addition and dismissed the appeal. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er of the Tribunal is in accordance with law and the same shall be confirmed. 5. Heard the learned counsel on both sides and perused the materials available on record. Question No. 1 is not pressed by the learned counsel for the assessee. The only issue for consideration in this tax case revision is whether the addition made by the authorities below are justified and also equal addition made by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounsel for the assessee vehemently contended that equal addition for probable omission in respect of transaction has no basis. After going through the order, we also feel that equal addition is unwarranted. It is only based on estimate that too probable suppression. It is only a guesswork. There is no material for making equal amount for probable suppression. Therefore, we confirm the order in res ..... X X X X Extracts X X X X X X X X Extracts X X X X
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