TMI Blog2022 (11) TMI 1223X X X X Extracts X X X X X X X X Extracts X X X X ..... ence to the judgment of the Hon'ble Supreme Court in the case of GIRDHARI LAL NANNELAL VERSUS SALES TAX COMMISSIONER, MP [ 1976 (3) TMI 51 - SUPREME COURT ], the 2nd Respondent has passed the assessment order, without even a reference to it. Insofar, as stock variation, the Petitioner's objections, revised returns and documents are rejected by merely stating that it is an after thought and fabricated without furnishing/supplying any reason in support thereof. The impugned order is set aside and the Respondents are directed to re-do the assessment keeping in mind the principles laid down in the case of Girdhari Lal Nannelal and also affording an opportunity to the Petitioner and after taking into account the Petitioner's s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urse of the inspection, stock difference/variations representing difference between sales turn over as per returns and trading and profit and loss account was found to an extent of Rs.60,43,340/-(Rupees Sixty Lakhs Forty Three Thousand Three Hundred and Forty only). 3. The Petitioner in response to the above proposal submitted his objections, wherein, it was explained that the difference in bank statement/ deposit and sales statement do not relate to actual transaction of sales of goods. Thus, any levy of tax is impermissible. However, the impugned order has been passed rejecting the above objections of the Petitioner stating that in the absence of any other business carried out by the Petitioner, the only inference that could be drawn w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Assessing Officer to show sources of money resulted from transactions liable to sales tax. The relevant portion is extracted below: 7. The approach which may be permissible for imposing liability for payment of income-tax in respect of the unexplained acquisition of money may not hold good in sales tax cases. For the purpose of income-tax it may in appropriate cases be permissible to treat unexplained acquisition of money by the assessee to be the assessee's income from undisclosed sources and assess him as such. As against that, for the purpose of levy of sales tax it would be necessary not only to show that the source of money has not been explained but also to show the existence of some material to indicate that the acquisiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . However, the order of the Assessment is passed by stating that the response/reply and the documents submitted are an after thought and fabricated. The assessment order does not give any reason to reject the submission/explanation offered and documents submitted by the Petitioner. 6. To the contrary, it is submitted by the learned Additional Government Pleader for the Respondents that the order of the assessment has been made after affording an opportunity to the Petitioner. 7. Heard the learned counsels for both the parties. 8. This Court finds that the order of the 2nd Respondent is liable to be set aside inasmuch as the entire assessment order was made on gross non-application of minds to the Petitioner s objection and despite ..... X X X X Extracts X X X X X X X X Extracts X X X X
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