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2014 (2) TMI 415 - HC - VAT and Sales TaxApprobation or reprobation of a sworn statement - Held that:- There is no provision under the TNGST Act to enable the authority under the Act to adopt any other procedure followed by the Central Excise Department. In the absence of any enquiry conducted by the authority under the TNGST, in our view, the Revenue has not done its duty in a proper manner. Therefore, the question of approbation and reprobation does not arise - Decided against Revenue. Valuation of goods - Discrepancy in stock - Five times difference added in value of goods - Whether the Tribunal has erred in having dismissed the Enhancement Petition filed by the State in a preemptive manner - Held that:- Tribunal has confirmed the actual finding of stock discrepancy at 19.750 grams and not 2017.250 grams, based on a certificate produced before the it from Bombay Mint dated 29.3.1988 - The Tribunal, by applying the principle of proportionality, has fixed the stock deficit at ₹ 6,000/-, approximately, and by adding another 50% of ₹ 3000/-, has arrived the turnover at ₹ 9000/-, which cannot be said to be either irrational or against the principle of law. We are of the view that the Tribunal has in fact followed the proportionality theory, which cannot be found fault with - Decided against Revenue.
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