2018 (2) TMI 675

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..... een sold to M/s H K Impex Pvt. Ltd would first reach the premises of M/s. H. K Impex Pvt. Ltd., Umbergaon from where under the instructions of the recipient the same would be diverted to Vasai or Bhayandar without disclosure to the Excise Authorities. This later portion of the movement of the goods may be unauthorized and may have either Central Excise or the Sales Tax evasion angle. Nevertheless, .....

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..... lled the action of the department in reopening the assessee's assessment for the assessment year 2005-06. Originally, the assessment was framed after scrutiny. To reopen such assessment, the Assessing Officer had recorded following reasons: The assessee company engaged in the business of manufacturing of cold rolled stainless steel coils, filed its return of income for the A.Y. 2005-06 .....

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..... mise at Santej to Vasai/Bhayander, Maharastra instead of the destination mentioned on the invoice and the LR being the factory premises of M/s. H.K.Impex Pvt. Ltd. Umbergaon, Gujarat. From the above discussion, it is clear that the assessee company by resorting to unaccounted sales to various parties at Vasai/Bhayander was invovled in the Tax Evasion during the assessment year 2005-06. As per the .....

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..... ribunal. The Tribunal, by the impugned judgement, held that the notice of reopening was backed since the reasons recorded for issuing the notice lacked validity. The Tribunal noticed that the reasons proceeded on the basis that the sales of manufactured goods claimed to have been made by the assessee to one M/s. H.K.Impex Pvt. Ltd, Umbargaon were bogus. This, according to the reasons recorded, cou .....

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..... h the premises of M/s. H. K Impex Pvt. Ltd., Umbergaon from where under the instructions of the recipient the same would be diverted to Vasai or Bhayandar without disclosure to the Excise Authorities. This later portion of the movement of the goods may be unauthorized and may have either Central Excise or the Sales Tax evasion angle. Nevertheless, this factum would not establish that there was no .....

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