1976 (11) TMI 85

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....es Tax. The Assessing Authority enhanced the sales by Rs. 10.000 per quarter out of which 10 per cent were taxed at the rate of 10 per cent 55 per cent taxes at the rate of 5 per cent and remaining 35 per cent taxes at the rate of 5 per cent and remaining 35 per cent taxed at the rate of 9 per cent. In appeal the enhanced amount was reduced to Rs. 7,000 per quarter. The grounds which influenced th....

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....ssued on 4th Dec., 1970, 8th Jan., 1970 and 15th March, 1971 the payments were actually made to that firm on 14th Dec., 1970, 18th Jan., 1970 and 20th March, 1971 and therefore, the entries in the books of account were made on the dates of payments. It is to be noted that all these payments were made during the same assessment year. If bills are prepared first and payments are made later in the sa....

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.... of account. This fact also does not indicate suppression of sale. 4. As regards the third ground, the explanation given by the dealer is that the discrepancy found in the figures of sales taxable at the rate of 5 per cent was due to the fact that the Assessing Authority did not take into his consideration the finance commission and the sales made to the registered dealers. After checking the a....