9911796707
TMI Blog2019 (8) TMI 1095X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt today and on verification, it comes to light that the stock reconciliation statement and more importantly, stock statement taken at the time of inspection does not form part of the enclosures. Petitioner, on instructions, very fairly submits that with regard to suppression aspect i.e., 67,99,404/-, writ petitioner would avail statutory remedy of appeal by approaching the jurisdictional Appellate Deputy Commissioner under Section 51 of TNVAT Act - With regard to stock reconciliation aspect of little over 55.53 lakhs, matter is remitted back to the respondent with a direction to furnish to the writ petitioner the stock statement made at the time of inspection as well as stock reconciliation statement and redo that part of the assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d on 07.06.2011 and the same was called in question by writ petitioner in this Court by way of earlier writ petitions being W.P.Nos.17580 to 17583 of 2011 and the said writ petitions came to be disposed of by a common order by this Court on 07.10.2014. Operative portion of the common order is contained in Paragraph 7 and the same reads as follows: '7.Since it is stated that the records, which were relied upon for arriving at estimation, were not furnished, this Court is of the view that the matter should be remitted back to the Assessing Officer to be heard and decided independently on merits and in accordance with law, without being influenced by the findings recorded by the Enforcement Wing in the D-3 proposal. Therefore, the matter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ock statement taken at the time of inspection does not form part of the enclosures. 11. As already alluded to supra, the impugned order turns on two aspects, namely, a) suppression and b) stock reconciliation. With regard to suppression, the stock register or stock reconciliation statement is of no relevance and with regard to suppression aspect, liability of the writ petitioner has been fixed at ₹ 67,99,404/- (Rupees Sixty Seven Lakhs Ninety Nine Thousand Four Hundred and Four only) in the impugned order. With regard to stock reconciliation liability, it has been fixed at ₹ 55,53,889/- (Rupees Fifty Five Lakhs Fifty Three Thousand Eight Hundred and Eighty Nine only) in the impugned order. 12. Learned counsel for writ petition ..... X X X X Extracts X X X X X X X X Extracts X X X X
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