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TMI Blog2019 (3) TMI 1424X X X X Extracts X X X X X X X X Extracts X X X X ..... not been able to point out any question of law, as the entire argument put forth are fully based upon the factual position. In a tax case revision filed under 38 of the TNGST Act, we are required to examine as to whether there is any question of law arising for consideration - Since we find none, we reject this tax case revision. The tax case revision is dismissed. - Tax Case (Revision) No.17 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondent that due to downward trend of the market, the mobile phones were sold at lesser value in the absence of any evidence to show that the said goods are sold in a price which is correct price in prevailing the market/trade? (ii) Whether in the facts and circumstances of the case, the Tribunal is right in not appreciating the section 12 A of the TNGST Act read with Rule 18 C of TNG ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the goods before the Assessing Officer. (v) Whether on the facts and circumstances of the case, the Tribunal is right in law in deleting the penalty levied under section 16(2) of the Act. 3.Heard Mr.V.Haribabu, learned Additional Government Pleader (Taxes) for the petitioner/State; and Mr.R.Sridhar, learned counsel for the respondent/dealer. 4.The question, which falls for considerati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ule and he has made assessment of guess by adding 10% to the purchase value, it is held that the finding of the first appellate authority that the assessment made on the disputed turnover on guess work without making any investigation as to the prevailing market rate is liable to be set aside is sustainable. Since the assessment on the disputed turnover is liable to be set aside, and Section 16(2) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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