TMI Blog2014 (5) TMI 175X X X X Extracts X X X X X X X X Extracts X X X X ..... n granted originally - The assessment order merely pointed out to the assessee not maintaining separate stock account regarding interstate purchase and sales as a ground for denying the second sale exemption - In the absence of any specific case made out to doubt the claim of the assessee as regards the details on freight charges for taking delivery, no justification found in upholding the order of the Tribunal - The order of the Tribunal is set aside, thereby, the above Tax Case (Revision) is allowed – Decided in favour of assessee. - Tax Case (Revision) No.1757 of 2008 - - - Dated:- 28-9-2012 - Chitra Venkataraman And K. Ravichandrabaabu,JJ. For the Petitioner : Mr. N. Inbarajan For the Respondent : Mr. J. Aaditya Reddy, Gove ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... examination of the sellers whose statement has been relied on against the petitioner by holding that it is the responsibility of the petitioner to bring their seller for cross-examination? 6. Whether the Appellate Tribunal is correct in confirming the levy of tax on second sales of declared goods, when the commodity is taxable at single point tax and duly confirmed by the Apex Court in 114 STC 1, wherein it has been categorically held that the point of levy cannot be shifted in so far as declared goods are concerned? 2. The assessee is a dealer in iron and steel. At the time inspection conducted on 30.8.90, the Enforcement Wing Officials found that no inventory details were maintained and produced for the stock held on 1.4.90 and no day ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid Sri Sakthi Steel Corporation had not handled any goods and being a purchase from the bill trader, the assessee was liable to tax and thus, the assessment was confirmed. Aggrieved by the assessment, the assessee went on appeal before the Appellate Assistant Commissioner, who pointed out that the registration of Sri Sakthi Steel Corporation was cancelled by the Commercial Tax Officer, Park Town II assessment circle with effect from 1.4.90. The assessment of the assessee was also completed by the Assessing Officer on 30.5.1990 after checking the accounts and affixing the seal of the Assessing Authority. It was further pointed out that the said Sri Sakthi Steel Corporation had renewed the registration certificate for assessment year 1990-91 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplication, the Tribunal held that the vendors were only brokers in iron and steel business. Further it pointed out that the assessee had not produced any materials regarding the payment of lorry charges or freight handling charges towards taking delivery of the goods. In the circumstances, the Tribunal confirmed the order of assessment. Aggrieved by the same, the assessee is on revision before this Court. 3. As already seen, the assessment year under consideration is 1989-90. The Revenue had issued the registration certificate to Sri Sakthi Steel Corporation and Southern Steel Enterprises with effect from 25.5.89 and 21.6.90 respectively. The said companies were proprietary concerns belonging to son and father. It is a matter of record t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ground for cancellation of exemption originally granted. In the circumstances, when such statement recorded was not subjected to any further examination, and in the absence of any material to substantiate that during the relevant assessment year, the vendors were doing just bill trading alone, we do not find any justifiable reason to deny the assessee's exemption granted originally. 4. As far as the observation of the Appellate Authority on the production of documents were concerned, after verifying the details, the Appellate Assistant Commissioner had allowed the assessee's appeal. The assessment order merely pointed out to the assessee not maintaining separate stock account regarding interstate purchase and sales as a ground for denying ..... X X X X Extracts X X X X X X X X Extracts X X X X
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