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2011 (3) TMI 1519 - MADRAS HIGH COURTWhether on the face of several sale invoices due by the assessee, which were recovered from the possession of M/s. Prasad Properties and Investments Pvt. Ltd., and their group of companies, is there not legal burden on the assessee to show that despite those sale invoices, yet no sale at all took place by producing legally accepted material? Would the final report filed by the CBI against the purchasercompany and their group that those invoices have been utilised for raising loans from the bank and thereby defrauding the bank, would amount to a legal material to be made use of by the assessee to escape the provisions of sales tax law to contend that those invoices do not reflect any sale transactions ? Held that:- It is no doubt true that the assessment order speaks about the conduct of the assessee in not filing the objection before the assessing authority. Whatever be the conduct adopted by the assessee before assessment, in the appeal filed by the Revenue, the assessee had established its case on the loan transaction as well as on other turnover pertaining to lease. The Appellate Assistant Commissioner and the Tribunal considered the materials produced by the assessee. On satisfaction of the explanation offered by the assessee, the Tribunal remanded the matter for de novo consideration. Going by the reasoning of the Tribunal, we do not find any merits in the revision to set aside the order passed by the Tribunal. In these circumstances, we find no ground to accept the plea of the Revenue and accordingly, the tax case revision is dismissed.
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