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2020 (6) TMI 498 - HC - VAT and Sales TaxWhether the Tribunal was right in upholding the alleged stock variation merely for reason that departmental delivery notes were not issued? HELD THAT:- The Tribunal erroneously deleted such additions made on the ground that addition would be taken care of in that made with respect to suppression. The addition made on the basis of the stock variation, to cover probable omissions and suppression is only that up to September of the assessment year; till which date the assessee had not been using departmental delivery notes. The under-valuation is insofar as the months from October to March of the assessment year. Computing the figures from the table available in the assessment order, the total products sent on departmental delivery note had a value of ₹ 3,50,01,765/- between October and March. The sale conceded as disclosed in the list available in the assessment year is ₹ 3,21,54,750/-. The difference comes to ₹ 28,47,015/-. The addition hence could be only of ₹ 28,47,015/-. In the facts and circumstances, we do not think there need be any further addition on lower sales reported, other than the difference arrived at from the value disclosed and the sale conceded - we affirm the addition to the turnover of ₹ 4,08,81,975/- with an equal addition as also the purchase return of ₹ 65,10,575/- and the under-valuation of sale coming to ₹ 28,47,015/-. The Assessing Officer is directed to modify the assessment order - revision allowed.
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