9911796707
TMI Blog2019 (7) TMI 914X X X X Extracts X X X X X X X X Extracts X X X X ..... ad escaped assessment. Therefore, we perfectly agree with the findings of the Tribunal that, at the most the filing of incomplete or incorrect return might have attracted penalization under Section 67 of the KVAT Act. But that alone cannot be used to make an addition in the turnover and to demand tax with respect to the sales turnover of such purchase omitted to be included in the return. We are not convinced that the Tribunal had failed to decide any question of law or had erroneously decided any question of law, which will attract interference of this Court in a revision petition filed under Section 63 of the KVAT Act - revision petition dismissed. - O.T. REV. No. 27 OF 2018 - - - Dated:- 21-6-2019 - MR C. K. ABDUL REHIM AND ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessing authority found that the assessee had failed to file any revised return with reconciliation statement, as stipulated under Section 42 of the KVAT Act. Therefore, the assessment proposed was confirmed and tax liability on the additional turnover at 4%, to the extent of ₹ 1,14,820/-, was assessed. 3. In the appeal filed before the Deputy Commissioner (Appeals) the order of assessment was confirmed by repelling the contentions raised by the assessee, based on the finding that the assessee had failed to prove through any documentary evidence that the materials purchased against the bills, which were not returned, has been used in production of finished goods, which reflected in the accounts and in the sales turno ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , when there occurred a discrepancy in returning the purchase turnover and when the assessee failed to submit a revised return as required under Section 42 of the KVAT Act, the addition made with respect to the suppressed purchase turnover was fully legal and justified. We take note of the findings of the Tribunal that, the Department has no case that the materials covered under the omitted purchase were not converted into finished goods, which was not reflected in the sales turnover and which had escaped assessment. Therefore, we perfectly agree with the findings of the Tribunal that, at the most the filing of incomplete or incorrect return might have attracted penalization under Section 67 of the KVAT Act. But that alone cannot be used to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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