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2019 (7) TMI 1339 - HC - VAT and Sales TaxValidity of assessment order - Stock discrepancy - suppression of facts - levy of penalty - HELD THAT:- The authorities have not recovered any slips or anamath records to substantiate that there were actual suppression of turnover liable to tax. Hence, the circumstances of probable suppression that is estimated, is not at all possible if it is not proved that there is annexure. The assessing authority has not pointed out any suppression of either purchase or sales. It is also found that the above discrepancies is only due to mingling up of material goods of the respondent with that of their sister concerns, which is also duly pointed out by the Inspection officer at the time of inspection and at the later point of time, the appellant cannot raise the issue and the respondent have also produced bought notes, stock register etc., for substantiating the same and convincing that the alleged stock discrepancy so arrived at was due to the prescribed stock kept together for certain processes as their sister concerns and the respondent were functioning at the same place of business. The matter was considered by the Tribunal and they were convinced and found that there was no stock discrepancy. Appeal dismissed.
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