Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + SC VAT and Sales Tax - 2014 (4) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (4) TMI 496 - SC - VAT and Sales TaxEvasion of Tax Reduction in sale amount -Absence of bills - Method of recording receipt - No specific method to record receipt - Representative sample - Representative sample of 2 days bills - Business of manufacture and sale of sweets, namkeens and other eatables - Held that:- It appears from the record that when an individual customer was buying eatables of a nominal value, possibly bill was not being issued - There was no specific method whereby each and every receipt from the buyers was recorded by the assessee - On the basis of the receipts of two days collected from inspection, considering them as a representative sample, AO had come to a conclusion that the sale proceeds or sales of assessee for the year should have been a particular amount and, in fact, the amount reflected in the books of accounts was much less than the calculations arrived at by AO. Issuance of Notices Maintenance of Books of accounts - Oblique motive Imposition of Penalty - Held that:- AO did not jump to a conclusion without any rhyme or reason - There was a reasonable basis for him to arrive at the said conclusion, especially when the assessee did not offer any satisfactory explanation in spite of issuance of notice - Assessment orders refer to notices issued to the assessee and they also record the fact that no satisfactory explanation had been offered by assessee to make out a case that there was some special reason for which sale of sweets, namkeen etc. on 9th and 10th March, 2000 was exceptionally more Once AO had rightly come to the conclusion that the books of accounts were not properly maintained and were not reflecting each and every transaction - Once it is found that with some oblique motive, effort was made to show lesser sale proceeds than the actual, the orders imposing penalty can not be questioned - Therefore, This court is not inclined to interfere even with the quantum of penalty - The impugned judgment delivered by the High Court is just and proper - Appeals are dismissed Decided against assessee.
|