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2010 (1) TMI 1132 - HC - VAT and Sales TaxWhether the Appellate Tribunal was correct in confirming the assessment relating to undated slip No. 25 which does not involve any sale of goods? Whether the Appellate Tribunal was correct in confirming the equal addition towards probable and not in the revision of assessment? Whether the Appellate Tribunal was correct in confirming the penalty more particularly in a revision of assessment under section 16(2) in relation to surcharge? Held that:- The appellate authority and the Tribunal had correctly confirmed the said addition and the learned counsel appearing for the petitioner/assessee is not able to furnish other materials to support his case to take a contrary view of the Tribunal. In such circumstances, the additions made on the basis of slip Nos. 4, 5 and 6 are confirmed and we answer the first question of law in favour of the Revenue and as against the assessee. In respect of equal addition made for probable omission, there is no material available on record for warranting said addition and the assessing officer has not given any reason. The Appellate Assistant Commissioner as well as the Appellate Tribunal have also without assigning any reasons, affirmed the order of the assessing officer. Accordingly, the second question of law is answered in favour of the assessee and as against the Revenue. Taking into consideration the explanation and also the transaction reflected in the books of account, the penalty levied under section 12(3) of the Act is not warranted and the same is deleted. Accordingly, the penalty levied under section 12(3) is deleted and the third question of law is answered in favour of the assessee and as against the Revenue.
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