9911796707
TMI Blog1995 (7) TMI 407X X X X Extracts X X X X X X X X Extracts X X X X ..... with the same number as shown below: "Bill No. and date Name of the buyer Tvl. Name of the article sold Value Rs. (i) 43/7-7-89 K. Rajan, Madurai-1 Steel stool 48.96 (ii) 43/7-7-89 Sivakami Corporation, Mayiladuthurai. Steel almirah 4,243.20" The final bill was available with the assessee and the second bill was received from the check-post. According to the assessing officer, two bills with the same number for two different sales indicated the maintenance of two sets of bill books and only the sales in bill book with bill No. 43 in item (i) above, were brought to accounts. According to the assessee the alleged suppression alone or the sale price noted in the sale bill only could be taken as suppression. However, the auth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Tribunal considering the facts arising on this aspect, did not want to interfere with this matter. 2.. The learned counsel appearing for the assessee submitted that on the basis of one bill, it would not be justifiable on the part of the assessing authorities to estimate the sale value for another 42 bills. In the absence of any materials on the side of the assessee to show the actual sale turnover, and proper explanation with regard to bill No. 43, we are unable to interfere with the estimation done by the authorities below in the matter of suppressed sale up to July 7, 1989. Since, there was wilful suppression on the part of the assessee, penalty under section 12(3) of the Act was imposed. The suppression was established by the depa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee would have consumed 40 kgs. of C.R. sheets to manufacture 61/2 almirah. On appeal, the Appellate Assistant Commissioner deleted the suppression of sales estimated on the above basis and also the purchase turnover of C.R. sheets, estimated at Rs. 12,777. This was done on the ground that the estimation was not based on any actual experiment or data and that the weight of C.R. sheets would vary and every sheet would not have been on the same weight. The quantity of C.R. sheets consumed in the manufacture of almirah as found by the assessing officer was only on the basis of the estimate. According to the department, this was done on the basis of the details available in the accounts and the details furnished by the assessee on August 4, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a result of the inspection conducted on December 5, 1989. Therefore in one year these three additions were made for different periods. Therefore, it cannot be said that two additions were made in one assessment year. In fact, two additions were made not with regard to the same item of suppression. There is no evidence on record to clarify the stock position found as on August 4, 1989 and December 5, 1989. In the absence of any materials to support the submission made by the assessee that two additions should not be made, the same cannot be accepted. In that view of the matter, we are of the opinion the suppression of sales, amounting to Rs. 28,350 and Rs. 18,900 and purchases amounting to Rs. 12,777 as restored by the Tribunal, appears to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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