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2007 (8) TMI 669 - HC - VAT and Sales TaxSales suppression - Held that:- In the absence of any materials to justify an estimation as had been done by the officer and confirmed by the Tribunal, and the possibility of fluctuations in the sales, we feel that an estimation 1/4th as had been adopted by the Appellate Assistant Commissioner fixing the sales suppression at ₹ 1,60,760 would meet the ends of justice. As regards the other turnover included and sustained by the authorities below, we do not find any ground to disturb the same. In the circumstances, the order of the authorities below are confirmed to the extent that the taxable turnover is hereby confirmed to the extent of ₹ 1,50,760 towards sales suppression ₹ 83,180 on the wrong claim of deduction, ₹ 4,461 with gross profit at 10 per cent on the turnover falling under section 7A. As regards penalty of section 12(3)(b)(ii), we confirm the consequential levy of penalty and uphold the same proportionate to the turnovers upheld. W.P. allowed in part.
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