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TMI Blog2008 (2) TMI 309X X X X Extracts X X X X X X X X Extracts X X X X ..... rs. J. D. Mistry with B. Damodar instructed by Kanga and Co. for the respondents. JUDGMENT The judgment of the court was delivered by F. I. Rebello, J - 1. It is the case of the petitioners that they are involved with the work of designing, engineering, supplying and installing plants/structures for various industries. 70% of their customers were public sector undertakings and/or Government/Semi-Government bodies. In the case of these customers, large quantities of steel was involved and these customers used to provide Essentiality Certificates to enable the petitioners to procure steel from the Steel Authority of India Ltd., This certificate enables the petitioners easily to procure the requisite quantity of steel at lower o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts, who may mix up the same with similar goods belonging to him or the other parties but stored in their godown. 2. The petitioners filed their returns for the assessment year 1982-83. During the course of assessment proceeding, notice was issued under Section 143(2). By letter dated 11.10.1984, respondent no.1 called upon the petitioners to furnish details in respect of the various items. This included the details of purchase from SAIL. Respondent no.1 after careful scrutiny, by order dated 20.3.1985 completed petitioners' assessment under Section 143(3) of the Act for the assessment year 1982-83. Aggrieved by the order, the petitioners preferred an appeal. 3. Notice under Section 148 was served on the petitioners on or about 30. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... open market in unaccounted terms. This is based on the statement recorded and the details gathered by the Investigation Wing. It is set out that total quantity of goods thus alleged to have been sold outside the books of accounts is 158.440 metric tonnes of steel plates worth Rs.5,51,004/-. 5. At the hearing of this petition on behalf of the petitioners, we had called on learned Counsel to place on record the material based on which the notice under Section 147 was issued and the material based upon which the officer come to the conclusion that he has reasons to believe. 6. An additional affidavit was filed by one Anu Krishna, to which some documents including the statement recorded of one J. M. Sanghvi has been annexed. From the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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