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2021 (11) TMI 653 - ORISSA HIGH COURTRejection of books of accounts - stock discrepancy - corroborative evidence to establish the suppression of sales or not - HELD THAT:- On a careful reading of the orders of the assessing authority, the appellate authority the Court finds that there is no reference therein to any additional material other then the fraud report which was common to both the years i.e. 1991-92 and 1992-93. Moreover, in the impugned order of the Tribunal relating to the year 1992-93, the Tribunal does not refer to any such additional material other than the fraud report. The Tribunal proceeded to accept the fraud report only on the ground that the earlier order of the Tribunal pertained to the year 1991-92 whereas the year in question was 1992- 93. A co-ordinate Bench of the same Tribunal had in its order dated 14th May, 2002 already disbelieved the same fraud report and concluded that there was no basis for raising the demand. In terms of the decision of the Supreme Court in COLLECTOR OF CENTRAL EXCISE, KANPUR VERSUS MATADOR FOAM [2005 (1) TMI 107 - SUPREME COURT] the Tribunal was bound by the earlier order of the co-ordinate Bench involving the very same Assessee. The question framed by the Court is answered in negative i.e. in favour of the Assessee and against the Department - the revision petition disposed of.
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