Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2009 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2009 (7) TMI 1175 - HC - VAT and Sales TaxWhether, in the facts and circumstances of the case, the Tribunal is legally right in setting aside the estimation which was made on the basis of electricity consumption, survey test and nonmaintenance of any record? Whether, on the facts and in the circumstances, the Tribunal is right in deleting the consequent levy of penalty? Held that:- As rightly pointed out by the assessing authority, the exorbitant consumption of electricity energy, as compared to an extent of turnover reported with the discrepancies noted in the stock position at the time of inspection did call for re-examination of the taxable turnover based on the consumption of electricity energy. We are therefore convinced that the remittal order passed by the Appellate Assistant Commissioner was well justified and the Tribunal ought not to have interfered with the same. Therefore, while setting aside the order or the Tribunal, we restore the order of the Appellate Assistant Commissioner dated February 17, 1995 and remand the matter back to the file of the assessing authority for carrying out re-examination, as directed by the Appellate Assistant Commissioner, in the said order. Inasmuch as the assessment relates to the year 1992-93, we only direct the assessing authority to carry out the exercise of re-examination expeditiously, preferably within a period of three months from the date of receipt of a copy of this order, after giving due opportunity to the respondent-assessee.
|