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TMI Blog2017 (4) TMI 256X X X X Extracts X X X X X X X X Extracts X X X X ..... om M/s. Anupam Marble Pvt. Ltd and it is a finding of fact that M/s. Anupam Marble Pvt. Ltd had misused the declaration Form ST-17 and shown Bogus sales for generating cash in its books of account - Admittedly, the assessee informed the Assessing Officer and filed an FIR simultaneously about misuse of declaration Form ST-17 and it is only thereafter on the information that the Assessing Officer started investigation. The Assessing Officer did not chose to verify from M/s. Anupam Marble Pvt. Ltd about the factum of purchases i.e. sale by M/s. Anupam Marble Pvt. Ltd to the assessee which ought to have been done but that having not been done, the Assessing Officer failed to justify his stand. Merely blaming the assessee may not be sufficien ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was stolen by someone and the same was misused by M/s. Anupam Marble Pvt. Ltd., Kishangarh not only in the case of the assessee but in the case of several other persons. However, the Assessing Officer did not accept the contention and accordingly charged tax @ 14% on the said amount of ₹ 26,18,400/- and also levied interest penalty. 3. The matter was carried in appeal before the Dy. Commissioner (A), who however was satisfied with the explanation offered particularly in view of the fact that the search/survey was conducted on M/s. Anupam Marble Pvt. Ltd., Kishangarh and it was found that the said firm had misused the declaration Form ST-17 by showing abnormal sales to create cash generation and there was a finding given by the I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by which certain benefits are conferred on the person issuing declaration From ST-17. Counsel also contended that it may be under the Income Tax Act that the assessment order may have been passed exonerating the assessee but under the RST Act, it was a serious deficiency and the same cannot be rectified by an order under the Income Tax Act and contended that substantial question of law arise out of the order of the Appellate Authority. 6. Per-contra, ld. counsel for the respondent-assessee contended that there is a concurrent finding by both the Appellate Authorities and needs no interference. Counsel contended that even the assessee came to know about a search conducted in the case of M/s. Anupam Marble Pvt. Ltd. and after a notice was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y M/s. Anupam Marble Pvt. Ltd. Admittedly, the assessee-respondent informed the Assessing Officer on 29.12.2010, bringing to the notice about the declaration Form ST-17 having been lost/stolen/misused by someone and this copy was forwarded to the SHO, Police Station Madanganj indicating therein the information received from the Income Tax Officer about huge sales having been shown by M/s. Anupam Marble Pvt. Ltd to the assessee as per the declaration Form ST-17. 9. Admittedly, in the case of M/s. Anupam Marble Pvt. Ltd, the search was conducted by the Income Tax Authorities and even an explanation was sought from the assessee having come to know that huge cash purchases beyond the limit prescribed of ₹ 20,000/- was made by M/s. Anup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made any purchases from M/s. Anupam Marbles Pvt. Ltd. and M/s. Anupam Marbles Pvt. Ltd. has misused the declaration form and shown bogus sales for generating cash in its books of accounts. Keeping in view the affidavit, information received from Commercial Tax Department and complaint filed by assessee against M/s. Anupam Marbles Pvt. Ltd., the proceeding initiated u/s 148 of I.T. Act, 1961 are hereby dropped at this stage in case of the assessee and suitable action will be taken in case of M/s. Anupam Marbles Pvt. Ltd.. If after investigation from Police Department and Commercial Tax Department, different facts received and it is established that the assessee has made purchases form M/s. Anupam Marbles Pvt. Ltd. then the case of assessee w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Officer and also simultaneously filed an FIR. 14. The arguments raised by the counsel for the respondent also appears to be well reasoned that a truck load of Marble Kareji may be available for less than of ₹ 10,000/-per truck and Marble Kareji as has been shown in the bills shows cash sale by M/s. Anupam Marble Pvt. Ltd to the respondent figuring about 1,45,000/- to more than 2,00,000/- as noticed earlier. It is also a matter of fact that the Assessing Officer did not chose to verify from M/s. Anupam Marble Pvt. Ltd about the factum of purchases i.e. sale by M/s. Anupam Marble Pvt. Ltd to the assessee which ought to have been done but that having not been done, in my view, the Assessing Officer failed to justify his stand. Me ..... X X X X Extracts X X X X X X X X Extracts X X X X
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