1996 (3) TMI 492

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.... a proprietary concern engaged in the business of gold and silver articles. In the affidavit of its proprietor given in support of the writ petition, it is stated that it is maintaining books of account in accordance with law and that it has been filing monthly returns and paying taxes regularly. He states that on November 15, 1995, the first respondent in the writ petition inspected the premises of the petitioner and that a stock inventory was carried on without properly making verification and that the first respondent "allegedly drew an inference" that there was deficit/variation in stock of silver items worth Rs. 4,41,065 and got recorded a statement that the petitioner was liable to tax under section 6A of the APGST Act on an amount of....

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....was given to it and no assessment was also made. However, we may note here itself that there is no convincing explanation as to how the petitioner paid Rs. 5,385 in cash through SBH Challan No. 620080 dated December 1, 1995. As per the averments in the affidavit in support of the writ petition, this was not on November 15, 1995, but subsequently. It is also significant that in the letter of the petitioner dated December 4, 1995, addressed to the second respondent, i.e., Deputy Commissioner of Commercial Taxes, Secunderabad Division, no mention was made of this payment and no objection was taken in that regard. In the circumstances, we find it difficult to accept the averment made on behalf of this petitioner that the said sum was paid into ....