TMI Blog2009 (3) TMI 946X X X X Extracts X X X X X X X X Extracts X X X X ..... . No. 526 of 2005 raising the following questions of law: 1. In the facts and circumstances of the case whether the Tribunal is justified in setting aside the further addition of tax on the established/admitted suppression of turnover? 2. In the facts and circumstances of the case whether the Tribunal is right in setting aside the order passed by the assessing authority and confirmed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as the assessing authority for the year 2002-03 and directed the assessing authority to issue revised demand notice. Being aggrieved by the said order the State has filed this revision petition raising the above questions of law. We have heard Smt. Geetha Menon, the learned Additional Government Advocate for the State. She submits that the Tribunal was not right in setting aside the order of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r addition of Rs. 11,77,632 made by the assessing authority which was confirmed by the first appellate authority. However, the Tribunal has categorically recorded that the assessing authority while basing its assessment on the inspection report furnished by the Assistant Commissioner of Commercial Taxes (Intelligence) arrived at a turnover of Rs. 24,50,076 which is based on pure guess work and on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng that portion of the order of the first appellate authority regarding the estimation of sales and the levy of penalty under section 12(4) of the Act, the Tribunal allowed the appeal in part. Having regard to the reasons given by the Tribunal and the fact that no material was placed on record to show the further addition made the same is arbitrary and therefore, we agree with the reasons given ..... X X X X Extracts X X X X X X X X Extracts X X X X
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