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2007 (11) TMI 562 - HC - VAT and Sales TaxUndervaluation - non payment of duty - Held that:- In view of the orders passed by the Commissioner of Income-tax (Appeals), Chennai, dated March 31, 1998 holding that there are contradictory statements made by the witnesses examined by the Central excise authorities, reliance placed on such statements, by the assessing officer to revise the taxable turnover, is not proper. Therefore, in the interest of justice, the petitioner should be given an opportunity to place before the Appellate Tribunal, the orders passed by the CEGAT and the Commissioner of Income-tax (Appeals), Chennai in Appeal Nos. 198 and 199/199798, dated March 31, 1998 to prove their case that there was no undervaluation. In so far as issue relating to removal of veneers without payment of duty, during the year 1991, local sales made to Tvl. Duoesty, Madras were not billed and accounted for and treated as suppression under the Tamil Nadu General Sales Tax Act for the year 1990-91, the petitioner shall pay a sum of ₹ 50,000 towards the tax element and on such payment, the appellate authority shall consider the issue afresh. Appeal allowed and the matter is remitted back to the appellate authority to dispose of the appeal in accordance with the statutory provisions, within a period of six weeks from the date of receipt of a copy of this order.
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