9911796707
TMI Blog2023 (9) TMI 350X X X X Extracts X X X X X X X X Extracts X X X X ..... is of the market value - Non-examination of individual vouchers - mala fide or intention of evading taxes or not - levy of penalty - HELD THAT:- The court finds that this indeed is an audit assessment under section 9C of the OET Act and at the relevant point in time, the decision of this court in Chandrakanta Jayantilal [ 2022 (7) TMI 607 - ORISSA HIGH COURT ] was not available and, therefore, pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on by the order dated April 24, 2017 the following questions were framed for consideration by this court : (i) As to whether the imposition of freight charges at the rate of one per cent. of the purchased value on overall turnover on the basis of the market value without examining the individual vouchers and considering the contention of the petitioner that the purchased materials at the marke ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sa)) and since it goes to the root of the matter, it ought to have been examined even if it has not been formally raised by the assessee. 4. The court finds that this indeed is an audit assessment under section 9C of the OET Act and at the relevant point in time, the decision of this court in Chandrakanta Jayantilal [2023] 108 GSTR 81 (Orissa) was not available and, therefore, perhaps the issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a Jayantilal [2023] 108 GSTR 81 (Orissa). (iii) The Tribunal will also re-examine the issue concerning freight charges after examining the vouchers produced by the petitioner which form part of the record. (iv) The above appeal will be listed before the Tribunal on March 1, 2023 on which date the petitioner will appear through an authorized representative. The Tribunal is requested to procee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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