2009 (4) TMI 872

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....17, respectively. The total and taxable turnover as per the accounts were accepted by the assessing officer, but the returns filed by the assessee were rejected as incorrect and incomplete. On verification, it was found that the assessee has collected excess tax in a sum of Rs. 11,345.57 towards sales tax which was in contravention of the provisions of the Act and therefore the assessing authority levied penalty under section 22(2)(ii) of the Act and also levied penalty under section 12(3)(b)(ii) and (iii) of the Act for the difference towards tax, surcharge and additional surcharge. As against that order, the assessee preferred an appeal before the Appellate Assistant Commissioner. Before the Appellate Assistant Commissioner, the assessee ....

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....e contention of the assessee that the excess collection of the tax was returned to the concerned parties by issuance of credit notes. On a perusal of the records, it is evident that on August 25, 1994 the assessing officer has passed the final assessment order. After the passing of that order, nine credit notes were obtained from November 18, 1994 to December 28, 1994, for the transactions held during May 18, 1993 on September 1, 1993. The so-called nine credit notes were regarded as not genuine, and created for the purpose of avoiding penalty under section 22(2) of the Act, because those credit notes were dated nearly one year after the corresponding transaction took place. On a thorough perusal of the records, it is evident that the Tribu....