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2016 (10) TMI 467 - MADRAS HIGH COURT

2016 (10) TMI 467 - MADRAS HIGH COURT - TMI - Evaluation of stock - inspection - Government Order passed stating that the stock discrepancy not exceeding 2% of the total volume of business may not taken serious notice of and the Inspecting Officer should be forbidden from making notice of any proposal based on such discrepancies to the assessing authority concerned and to ignore the discrepancy based on the general performance of the assessee in the past years - When the stock variation is less .....

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dverse notice of the Department on earlier occasions, he cannot as a matter of right claim that by applying the Government Order, the discrepancy should be ignored. Therefore, for each assessment viz-a-viz, a dealer should be specifically considered, if such an issue arises. - The Tribunal failed to go into the correctness of the findings recorded by the Appellate Assistant Commissioner in its order dated 12.2.2001, on a perusal of the connected records and documents as well as the stock rec .....

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Commissioner are factually incorrect - petition allowed - decided in favor of petitioner. - W.P.No.35114 of 2005 & WPMP No.38063 of 2005 - Dated:- 14-9-2016 - T. S. Sivagnanam, J. For the Petitioner : Mr. P. Rajkumar For the Respondents : Mr. S. Kanmani Annamalai ORDER Heard Mr.P.Rajkumar, learned counsel for the petitioner and Mr.S.Kanmani Annamalai, learned Additional Government Pleader, appearing for the respondents. 2. The petitioner has come forward with this Writ Petition, for quashing th .....

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officers are not making sincere attempt to evaluate the stock found at the time of inspection and arrive at the discrepancy if any. Therefore, a suggestion was made by the Special Commissioner that the stock discrepancy not exceeding 2% of the total volume of business may not taken serious notice of and the Inspecting Officer should be forbidden from making notice of any proposal based on such discrepancies to the assessing authority concerned and to ignore the discrepancy based on the general .....

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y should be ignored. Therefore, for each assessment viz-a-viz, a dealer should be specifically considered, if such an issue arises. 6. The place of business of the petitioner was inspected and it was found that there was stock variation, which resulted in a pre-revision notice being issued to the petitioner and ultimately an order of assessment was passed on 31.3.2000 for the assessment year-1998-99, under the provisions of the Tamil Nadu General Sales Tax Act. According to the petitioner, the s .....

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oth sides, perused the connected records and documents and separate stock reconciliation statement prepared by the Enforcement Wing Officials on the date of inspection on 14.12.1998, the stock discrepancy was reported to be of ₹ 41,016/- in taxable and ₹ 46,648/- could not be taxable. Thus, recording the said findings, the Appellate Assistant Commissioner allowed the Appeal. Against which, the Revenue preferred an Appeal before the Tamil Nadu Sales Tax Appellate Tribunal, which was t .....

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