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2009 (8) TMI 1107 - MADRAS HIGH COURTWhether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the Department has discharged burden of proof cast on it to sustain the additions is correct in law? Whether, on the facts and in the circumstances of the case, the Tribunal was right in partly remanding the turnover, when the basis for all are one and the same, is correct in law? Whether, on the facts and in the circumstances of the case, the Tribunal was right in sustaining the penalty imposed on the petitioner without bringing home the guilt, is right in law? Held that:- We confirm the order of the Tribunal in so far as it ordered for the restoration of the estimation with regard to the stock variation noticed and arrived at by the assessing authority, which resulted in the determination of the taxable turnover in a sum of ₹ 8,26,305 and the tax levied thereon. In so far as the equal addition is concerned, the Tribunal itself has sustained the order of the Appellate Assistant Commissioner deleting such equal addition. The order of remittal passed by the Tribunal for the purpose of estimation of purchase tax turnover of raw materials for the manufacture of almirahs, wire chairs and tables is set aside and after deleting the equal addition as confirmed by the Tribunal, the taxable turnover determined by the assessing authority in a sum of ₹ 15,90,125 stands modified as ₹ 8,26,305. The tax payable on the sum of ₹ 8,26,305 shall be calculated and recovered from the assessee. Appeal partly allowed.
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