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TMI Blog2018 (12) TMI 1003X X X X Extracts X X X X X X X X Extracts X X X X ..... e located at No.61, Pillar Koil Street, Tondiarpet, Chennai-81. For the year 2003-2004, the respondents were assessed on a total and taxable turnover of Nil. 3. The place of business was inspected by the Enforcement Wing Officers on 24.01.2004 and they recovered some Slips in the place of business. Based on the slips recovered, the Assessing Officer revised the assessment and consequently, levied tax of Rs. 1,58,51,572/- at 2% and Rs. 1,44,10,571/- at 1% towards sales, suppression of gold jewellery and the corresponding purchase of bullion. The Assessing Officer has also levied penalty under Section 16 of the TNGST Act. This order was challenged in an appeal before the Appellate Deputy Commissioner (CT-II), Chennai. 4. The appellate autho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned Additional Government Pleader appearing for the Department. 7. The record discloses that the respondent had stopped the business activity with effect from 31.03.2003 i.e. assessment year 2002-2003. During the year 2003-2004, the respondent would not have carried any business activity. The respondent, therefore did not maintain any books of account except cash book. During the inspection on 24.01.2004, the Officers of the Enforcement Wing recovered 11 Slips, based on which, the revised assessment were made. Regarding Slip Nos.1 to 9, the Inspecting Officers themselves accepted that these estimate slips related to sales transaction of Tvl.Surana Jewellery, a sister concern of the respondent. The Inspecting Officers have found that Tvl.S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellate authority and the Tribunal, which are the final fact finding authority, it is seen that they have come to the conclusion that Slip Nos. 10 and 11, do not point any sales suppression and that therefore, proceedings cannot be initiated under Section 16(1) of the TNGST Act, for reopening of the completed assessment, so as to include therein any turn over, which had escaped taxation. 10. In our opinion, the forums below have correctly concluded that there is no evidence or materials which would justify initiation of proceedings under Section 16(1) of the TNGST Act and that Slip Nos.10 and 11 do not reflect any sale or purchase transaction http://www.judis.nic.in 7 or suppression which would enable the department to reopen the as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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