TMI Blog2018 (2) TMI 1801X X X X Extracts X X X X X X X X Extracts X X X X ..... oresaid revision is of the State against the complete deletion of the estimation made - The deletion was not proper, especially since the actual suppression detected has been sustained by the Tribunal and there is no challenge to that by the assessee. Hence, the question of law is answered in favor of the Revenue and against the assessee - The order of the Tribunal is modified to the extent of setting aside the deletion of estimation as also the direction enabling the assessee to approach the assessing authority on the basis of the outcome of the case pending before the Court of Judicial First Class Magistrate-I, Palakkad. Revision allowed. - OT. Rev. No. 71 of 2014 - - - Dated:- 12-2-2018 - MR K. VINOD CHANDRAN AND MR ASHOK MENON, JJ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rejecting the books of accounts. 3. The proceedings culminated in Annexure-A order which added on a further quantity of 2178 MTs for the probable omissions and suppression. The Check post declarations detected were of the months of April, May, October, November and December, 2005, totaling 5 months. The estimation made was only less than two times of the turnover for the balance 7 months. The Assessing Officer divided the actual suppression detected by 5 being for five months and multiplied it with the remaining 7 months of the year and arrived at the figure of 2178 MTs., which was the addition made. The first appellate authority too confirmed the addition. The Tribunal while sustaining the taxable turnover with respect to the suppressio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , Palakkad. We are unable to sustain the view taken by the Tribunal, insofar as relegating the assessee to the Assessing Officer after having sustained the taxable turnover on the suppression detected. There can be no further re-assessment made on the basis of the result of the criminal case. The learned counsel for the respondent/assessee would also submit that the trial is at the fag end. We have to notice that there is no revision filed against the order of the Tribunal by the respondent/assessee. Insofar as the assessee is concerned, the turnover addition with respect to the suppression detected has acquired finality by the order of the Tribunal. The challenge in the aforesaid revision is of the State against the complete deletion of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
