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2011 (6) TMI 720 - HC - VAT and Sales TaxLevy of penalty - Held that:- The Sales Tax Appellate Tribunal as a final fact finding body found that when the assessee had admitted the stock difference and the suppression and that the assessee failed to rewrite the stock difference, rightly the assessing officer treated the turnover as actual suppression. As regards equal addition the Tribunal confirmed the view of the Appellate Assistant Commissioner for equal addition. In the circumstances, the Tribunal confirmed the levy of penalty. As far as the assessment on actual suppression found is concerned, we do not find any good ground to accept the assessee's case. Merely because the assessee's explanation, as regards the subsequent accounting of the unaccounted purchase had been rejected by the officer, that by itself would not justify the equal time addition towards probable suppression. In the absence of any further material to substantiate that the assessee had been habitually indulging in suppressed transaction, we do not find any ground to substantiate further addition under the head of probable omission. In the circumstances, even though it is a revision, we are constrained to accept the case of the assessee on further addition made on equal time addition for probable omission. Tax case revision is partly allowed deleting the addition made under the head of probable addition which is equal to the actual suppression
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