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2016 (10) TMI 1009 - HC - VAT and Sales TaxSurvey - Non accounted stock - Evasion of tax - Penalty - Held that: -On analysing the statements, it clearly proves that a reasonable chance of hearing was given by the AO to the assessee to explain the unrecorded/unaccounted stock found of 90 cartons Pack Chain (Zip) but the assessee gave statement on oath which has been analysed. There is no occasion to say that these statements were given under pressure or on account of coercion. Mere saying is not sufficient that too before the Appellate Authorities - If the assessee had to retract/resile with the so-called statements recorded at the time of survey on oath, the assessee ought to have informed the higher officials by an affidavit or/and other acceptable evidence about coercion/pressure tactics having been inflicted on the assessee at the time of survey - Decided against the assessee.
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