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TMI Blog2022 (10) TMI 918X X X X Extracts X X X X X X X X Extracts X X X X ..... e on record. 2. In this writ petition, the petitioner has challenged the order passed by the first respondent/Joint Commissioner (CT)-III, Chennai, pursuant to a notice issued under Section 34 of the Tamil Nadu General Sales Tax Act, 1959, seeking to revise the order of assessment as modified by the Appellate Assistant Commissioner (CT), Virudhunagar/second respondent vide order dated 09.11.1995 made in A.P. No.784/95 allowing the appeal with the following observations: 4. The arguments advanced by both the parties were examined with reference to assessment records. The main reason for the addition and estimation is the entires found in the student note book recovered under D7 slip and the non-accounting of purchase Bill No.A/100/93-94 d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed before the inspecting officials on 13.10.93. On 13.10.93, the appellants have not produced any stock account. Therefore, the entries in the stock account as checked by the assessing officer on 7.3.95 requires no consideration. As the entries found in the D7 records have gone through the regular day book produced before the inspecting officials on 13.10.93 itself, the entries in the student note book cannot be taken as omissions and unaccounted transactions. Hence, the estimation based on the D7 slip and the equal addition for probable omission are ordered to be deleted. Place Page in D7 Commodity Quantity Cittai Page in the day book Washim 1 64-67 Orid 90 25/18-5-93 Rajam 3 79-68 Orid 90 190/17-3-93 92-93 Andhra Sada 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at 4% Exemptable turnover as per accounts :Rs.20,70,297.00 Total turnover Rs.29,65,466.00 Tax due :Rs. 35,807.00 Tax paid :Rs. 35,529.00 Balance :Rs. 278.00 Penalty is refixed at 50% i.e. Rs.139/- 3. The order was sought to be revised under Section 34 of the Act by the first respondent, by issuing a notice dated 10.02.1998. By the impugned order, the order of the Appellate Commissioner was revised by holding that the petitioner had subsequently accounted the transactions and modified the accounts and therefore, there was a case for imposing penalty and also restoring the order of the original authority. 4. Learned counsel for the petitioner has specifically relied on the decision of a Division Bench of this court in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... defects noticed in the accounts and an addition for probable omissions on account of the defective method of accounting, if any, noticed. It is only for such defects noticed and on weighing the nature and gravity of the defects, the first Appellate Authority as well as the Tribunal thought fit to hold that an overall addition of 10 per cent to the turnover as disclosed in the books would suffice the ends of justice in this case. In view of the above, we cannot come to the conclusion that the Tribunal has committed any patent error of law or could be said to be guilty of perversity of approach in substituting an overall addition of 10 percent to the books turnover in lieu of the formula adopted by the Assessing Officer. As has been often hel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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