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2013 (7) TMI 47 - HC - VAT and Sales TaxSale suppression - Whether the tribunal discussed the issue in detail rather than reproducing the D3 inspection report proposal inspite of the fact that the Appellate Tribunal is the final fact finding authority? - Held that:- As seen from the order of assessment, the addition of Rs.8,05,303/- came for consideration only on account of the Inspection Wing Official noting huge Gross Profit difference between the first sale and the second sale. It is no doubt true that the sister concern had effected second sales making high gross profit. Whatever be the merits or demerits on the higher profit, as rightly observed by the First Appellate Authority, for the purpose of assessment under Section 12-A of the Act, the AO has to cause enquiry by following the procedures prescribed under Rule 18-C of the Rules. In the absence of any such enquiry, the mere ground that the sister concern had charged higher gross profit by itself could not be a legal ground for making addition. Thus no hesitation in accepting the case of the assessee that a mere difference in profit between the second sale and the first sale would lead to a statutory best judgment under Section 12-A of the Act. In favour of assessee.
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