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2022 (3) TMI 449 - HC - VAT and Sales TaxRevision of assessment - stock difference in respect of groundnut and groundnut kernal - alleged suppression, existing or not - addition of suppression - levy of penalty - section 16(2) of the TNGST Act - HELD THAT:- Admittedly, based on the inspection report submitted by the Enforcement Wing Officials, the assessment of the petitioner was revised by the assessing officer. During the course of inspection, 86 slips relating to business transactions of the petitioner were recovered by the Enforcement Wing Officials and out of the same, 13 slips revealed suppression of purchase of groundnut and groundnut kernel, which was valued at ₹ 7,63,500/- by the assessing officer. Taking note of the contentions raised by the petitioner that the transactions covered under the slips were brought to accounts in the month of July and the same were reported in the return and that, the petitioner paid tax for the same, the Appellate Authority deleted the said turnover. On the other hand, the Tribunal did not accept the same, upon verifying the records and was of the view that there is no correlation between the suppression that was culled out from the D7 slips and the turnover that was taken for assessment. Accordingly, the Tribunal held that the deletion of the turnover of ₹ 7,63,500/- by the appellate authority is wrong and the assessment made by the assessing officer on the turnover of ₹ 7,63,500/- is restored. Issue relating to addition - assessing officer made two times addition on the suppression - HELD THAT:- The appellate authority deleted the said addition. Whereas the Tribunal after having found that the period covered in the slips for one month i.e., from 12.04.1999 to 16.05.1999 and the inspection took place in the month of June i.e., on 29.06.1999, observed that the left out months are only May and June, for which two times additions had been made. Considering the gravity of suppression, the Tribunal restricted the addition to equal time, which in the opinion of this court, appears to be correct and the same warrants no interference. Levy of penalty - HELD THAT:- The Tribunal was of the view that inasmuch as the suppression is proved by the recorded evidence, the same is warranted, however, restricted to the actual suppression and is accordingly, modified. There are no fault with the finding of the Tribunal in this regard. Petition dismissed.
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