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1975 (3) TMI 38

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....t reported a total and taxable turnover of Rs. 15,699.00 in the annual return in Form AAI. The assessing authority, the Asstt. CTO, Kancheepuram (N) Division, checked the accounts of the appellant and after citing some defects, rejected the turnover as per accounts and determined the total and taxable turnover to the best of judgment at Rs. 16,012.98 by adding 20 per cent to the reported turnover ....

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....the product manufactured by the appellant, the lather is destroyed and fatty acids separated out and hence it is inferred that the material is based on a soap. It is clear from the report of the Joint Director (Chemicals) that the product manufactured by the appellant is soap. That it is a soap is also not disputed by the Revenue. On the materials on record, we also find that the product manufactu....

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....ng this contention simply because it was not raised before the AO or the AAC. In Nitya Thevar's case the Madras High Court has held that the assessee having not urged that the particular turnover was entitled to exemption before the assessing authority, it was not open to him to dispute that turnover for the first time before the Tribunal. That decision is not applicable to the facts of the presen....