9911796707
TMI Blog2014 (1) TMI 1616X X X X Extracts X X X X X X X X Extracts X X X X ..... , Punjab, for the respondents. JUDGMENT In this writ petition filed under Articles 226/227 of the Constitution of India, the prayer is for quashing the order dated 21.5.2010 (Annexure P-4) passed by respondent No.3 requiring the petitioner to deposit 25% as required under Section 62(5) of the Punjab Value Added Tax Act, 2005 (in short "the Act"). The challenge is also made to order dated 24.9.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t for the year in question. In the notice, it was stated that as per VAT-20, tax free purchases of 80,04,236/- Have Been Shown and Correspondingly Inter-State Sale of 1,10,53,437/- have been made which are from sale of timber sawn and sheesham etc. and are not tax free and the petitioner had not claimed any ITC on the tax free purchases of sheesham. Accordingly, the Designated Officer while framin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the business premises unused. Respondent No.4 calculated the suppressed purchase turnover at 76,36,401/- and By Adding Profit Determined The Same At 83,08,404/- on the basis of impounded document and added in the gross turnover for the assessment year 2008-09. Respondent No.4 also imposed a penalty of 22,65,458/- and Charged Interest of 2,03,891/- and vide order dated 10.12.2009 (Annexure P-3), d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act. According to the respondents, no evidence was produced by the assessee to show that the timber shown as tax free was purchased direct from the farmers. Even no market fee paid by the petitioner on the purchase of timber was accounted for in its regular account books. It was further pleaded that the assessee had made an attempt to evade the tax. 4. The learned counsel for the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tedly after the expiry of about three years. Further, the liability was fastened on the petitioner on account of suppressed purchase turn over detected at 76,36,401/- and after adding the profit element thereon, taxable turnover was determined at 83,08,404/-, on the basis of which the tax and penalty was determined and liability of 36,12,078/- was created. The Assessing Officer had noticed in his ..... X X X X Extracts X X X X X X X X Extracts X X X X
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