2009 (4) TMI 886

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..... llenging the order of the Sales Tax Appellate Tribunal dated December 3, 2002 made in Tax Appeal No. 458 of 2001.   The material facts culled out from the statement of facts in the memorandum of grounds of revision are as follows: The assessee, Tvl. Punjab Crockery House Pvt. Ltd., have reported a total and taxable turnover of Rs. 2,89,54,650.37 and Rs. 32,79,888.35, respectively, for the a .....

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..... ver it at 10.8 per cent totalling Rs. 2,58,571 and worked out the actual sales suppression Rs. 4,00,973 and ordered further sum for probable suppression and the total sales suppression arrived at Rs. 6,59,490 and equal addition has been made for another like sum. The assessing authority estimated the total sales suppression at Rs. 13,18,980 taxable at 16 per cent. The assessment was finally framed .....

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..... ;s appeal, the present revision is filed by the Revenue by formulating the following questions of law: "1. Whether, in the facts and circumstances of the case, the Tribunal being the final fact-finding authority has failed to appreciate the material facts by application of independent mind? 2.. Whether the Tribunal is correct in law in having deleted actual suppression with equal addition made o .....

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..... to the Department after completion of exhibition and that immediately after the inspection, the sales conducted at the exhibition on approximate basis has been included in the books of accounts and offered for tax by filing necessary returns. At the end of the year, the assessee has included the difference between the actual turnover relating to the exhibition sale and the turnover offered on app .....

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..... ounts and offered for taxation, we are of the view that the Tribunal has correctly come to the conclusion that there is absolutely no necessity to warrant making equal addition in a sum of Rs. 4,00,973 towards exhibition sale, which otherwise would amount to penalising the dealer who offered the entire sale for taxation by maintaining books and other accounts, however belatedly incorporated the sa .....

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