TMI Blog2020 (11) TMI 794X X X X Extracts X X X X X X X X Extracts X X X X ..... ying upon the Tax Audit report. Even otherwise the findings recorded in the Tax Audit report had to be controverted by the assessee, which the assessee did by filing the relevant affidavits and documents before the first Appellate Authority and thus no fault could be found with the said procedure. Even otherwise as the Tribunal has recorded that entire exercise was revenue neutral and there is no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hase and sale of edible oil. Initially assessment of the dealer was accepted under the deemed scheme vide order dated 9.7.2016, however, on the basis of a report received from the office of the Joint Commissioner Tax Audit dated 9.4.2017 to the effect that no actual sale has taken place and only the tax invoices have been procured to claim benefits of Input Tax Credit on illegal transaction, the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said evidence the Appellate Authority allowed the appeal merely on two grounds firstly that the initiation of assessment solely on the basis of Tax Audit report without recording reasons to believe was bad in law and secondly, the evidence given by the assessee was accepted. Consequently, the appeal filed by the respondent was allowed vide order dated 26.9.2020. Aggrieved against the said ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x Audit report, it was revealed that certain truck numbers, through whom it was alleged that the purchases were made, were not actually the number of the trucks as verified from the App of the Ministry of the Transport and thus on the said basis, the entire proceedings were initiated. It is also argued that the first Appellate Authority committed illegality in accepting the evidence at the appella ..... X X X X Extracts X X X X X X X X Extracts X X X X
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