1995 (9) TMI 356

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....er herein. M/s. Lakshmi Dhall Mill is the assessee. The assessee is a dealer in grams and dhall. The assessee disputed before the Tribunal against the levy of tax on a turnover of Rs. 3,92,463 representing the estimated first sales of gram and dhall omitted to be assessed at the time of final assessment. The total and taxable turnover of the assessee were finally determined at Rs. 14,80,149 and Rs....

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....before the Appellate Assistant Commissioner. The Appellate Assistant Commissioner reduced and refixed the taxable turnover under first sales at Rs. 3,92,463. Not satisfied with the relief granted by the Appellate Assistant Commissioner the assessee filed an appeal before the Appellate Tribunal. The Tribunal on considering the records and on finding that there was no wrong classification, reduced t....

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....and perused the records carefully. The Tribunal in its order pointed out that the assessee had incurred heavy loss in the business and especially in the consignment sales effected to Kerala parties. The Appellate Assistant Commissioner failed to consider this aspect. The Tribunal has also pointed out that the department has not shown any one single instance of misclassification of the first sales ....