Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2009 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2009 (4) TMI 886 - MADRAS HIGH COURTWhether, in the facts and circumstances of the case, the Tribunal being the final fact-finding authority has failed to appreciate the material facts by application of independent mind? Whether the Tribunal is correct in law in having deleted actual suppression with equal addition made on the exhibition sales which were not accounted for by the assessee till the date of inspection carried out on October 27, 1998? Whether the order of the Tribunal in having deleted the consequent penalty is legally sustainable? Held that:- When the entire amount of exhibition sale has been reflected in the books of accounts and offered for taxation, we are of the view that the Tribunal has correctly come to the conclusion that there is absolutely no necessity to warrant making equal addition in a sum of ₹ 4,00,973 towards exhibition sale, which otherwise would amount to penalising the dealer who offered the entire sale for taxation by maintaining books and other accounts, however belatedly incorporated the sales for valid reason. Revision dismissed.
|