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TMI Blog2009 (3) TMI 946X X X X Extracts X X X X X X X X Extracts X X X X ..... y the State challenging the order dated May 9, 2008 passed in S.T.A. 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 as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peal and set aside the order of the first appellate authority as well 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 subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elligence authority at Rs. 11,77,632 but had not agreed to further 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 tu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e turnover reported by the intelligence. Therefore, while upholding 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 s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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