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2018 (6) TMI 1065 - HC - VAT and Sales TaxRestoration of order of Assessing Officer - addition of ₹ 42,24,413/- on the ground of probable sale suppression - whether the addition of ₹ 42,24,413/- on account of probable suppression was so unreasonable that it requires the interference of this Court? - Revisionary Jurisdiction of High Court - Held that:- Admittedly the Assessee, failed to account for invoice No.48 dated 03.12.2004 issued by Tvl. Lakshmi Stores to the Assessee. The findings of all three forums below have been that the Assessee did not maintain his accounts properly - A reading of Section 16 of the Act, makes it amply clear that the Assessing Officer had the power to add the amount in dispute, on account of probable omission. The use of the words, to the best of it's judgment creates a wide discretionary power upon the Assessing Officer, who in the instant case has taken the view that in light of the suppression that was uncovered, it was plausible to assume that the Assessee must have suppressed sales at least worth ₹ 42,24,413/-. This view ultimately found favour with the Appellate Tribunal as well. The view taken by the Tribunal is a probable view, and the High Court while exercising its revisionary jurisdiction should not substitute its own view to the view taken by the last fact finding Authority - there is no error in the decisions of the authorities below - tax case revision dismissed.
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