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2016 (2) TMI 1018 - KERALA HIGH COURTValidity of assessment order - no concrete evidence to substantiate any sales suppression - whether the assessment order and Revenue's contention valid on the ground that assessee is a Government sector and thus no evidence was required? - Held that: - the contention of Revenue was not acceptable, for the reasons more than one. Firstly; that an assessee is from the Government sector, by itself does not add any credibility to its books of accounts, unless, of course, it is subjected to a compulsory statutory audit which audit by itself will result in a report of evidentiary value in terms of relevant statute laws. Secondly and more importantly, the provision in sub-rule 4 of Rule 38 of the Rules whereby the appellate authority authorizes the assessing authority to put up a report for consideration, necessarily pre-supposes that such report will have to be placed only after verification of records, documents and other evidences - such report having been placed by the assessing authority before the appellate authority and that report having been acted upon on the basis of the submission of the assessing authority that there is no concrete evidence to substantiate any sales suppression. Revision application dismissed - decided against Revenue.
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