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of <h1>High Court Overturns Tribunal Decision on Turnover Discrepancy, Orders Reevaluation</h1> <h3>Lakra Oil Co. Versus Commissioner Of Trade & Taxes & Another</h3> Lakra Oil Co. Versus Commissioner Of Trade & Taxes & Another - TMI Issues involved:The appeal impugned an order passed by the Delhi Value Added Tax Appellate Tribunal, questioning the correctness of turnover reported and the penalty imposed under Section 86(10) of the DVAT Act.Turnover Reporting Issue:The appellant contested the turnover reported in the order, claiming a clerical error in reflecting sales as Rs. 1,38,82,000 instead of Rs. 13,82,000. The Appellate Tribunal rejected the explanation, stating that the correct turnover could have been ascertained from the books of accounts. The appellant filed revised returns and a chartered accountant's certificate to support the actual turnover, but the Tribunal did not consider them due to being filed belatedly. The Tribunal's decision was deemed incorrect as the relevant documents were crucial in determining the reported turnover accurately. The matter was remanded to the Objection Hearing Authority (OHA) for reassessment based on all evidence provided.Penalty Imposition Issue:Regarding the penalty under Section 86(10) of the DVAT Act for inter-state sales, the Tribunal remanded the decision to the OHA for fresh consideration. The respondent clarified that only the interest on sales of SKO and the penalty thereon were upheld, while further levy under Section 86(10) was to be reconsidered. The ambiguity in the penalty imposition was acknowledged, and the second question raised by the appellant was deemed irrelevant. The Tribunal's decision on the penalty was subject to review by the OHA, focusing on the specific amount in question.Conclusion:The High Court set aside the Tribunal's rejection of the reported turnover discrepancy and directed the OHA to reevaluate the correct turnover after examining all relevant records. The appeal was disposed of accordingly, emphasizing the importance of considering all evidence presented in determining tax liabilities accurately.
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