1994 (7) TMI 314

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....two tax revision cases are filed by the same assessee and the questions raised in the tax revision cases are also identical. They are, therefore, disposed of by this common judgment. T.R.C. No. 202 of 1989 is directed against the order of the Sales Tax Appellate Tribunal dated July 19, 1989 in T.A. No. 688 of 1985. T.R.C. No. 205 of 1989 is directed against the order of the Sales Tax Appellate Tri....

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.... trader in wines. The transactions relate to the turnovers of beer for the assessment years 1980-81 and 1981-82. During these assessment years, what the assessee did was that he sold the beer bottles to a sister concern at a low price and repurchased the same from it at a higher price and sold them in the market. Thus it showed the first sale at low price to reduce the turnover and as the second s....

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.... to penalty relate to the assessment years 1980-81 and 1981-82. The proceedings for reopening of the assessment were initiated under section 14(4) of the Act but not under section 14-B. Further there was no estimation of price under section 14-B; it was a case of ignoring the first sale as not being genuine. Therefore, the first contention is wholly misconceived and untenable. In so far as the sec....