2014 (5) TMI 571

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....al questions of law are raised for consideration:- "(i) Whether in the facts and circumstances of the case, the Tribunal is correct in accepting the explanation given and documentary evidence adduced for the first time before it contrary to section 39-B (3) of the TNGST Act and in the absence of leave obtained as per Regulation 12(i) of the Tamil Nadu Sales Tax Appellate Tribunal Regulations? (ii) Whether in the facts and circumstances, the Tribunal is right in setting aside the estimation suppressions based on documents produced at the stage of second appeal and without appreciating the materials on record independently? (iii) Whether in the facts and circumstances, the consequential reduction in penalty levied under Section 12(3)....

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....ion made on D7 records was not correct. The assessee also pointed out that some of the entries in the diary related to the watchman working under the assessee. Therefore, the assessment made was arbitrary, liable to be set aside. 5. The Appellate Authority pointed out that the registration was found cancelled only for the assessment year 1993-94, that too on account of non-payment of the renewal fees. The Appellate Assistant Commissioner rejected the contention of the assessee that the business was closed with effect from 19.7.1991 as not acceptable, since the registration was found renewed by the assessee on 10.4.1992 for the assessment year 1992-93. Thus, the Appellate Assistant Commissioner found that the assessee's business continued....

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....llate Authority, particularly, declaration form, market fee receipt, extract of stock book, counterfoil etc., in order to substantiate that the assessee had stock transferred goods to the turnover of Rs.15,75,348/-. Based on the evidence, the Tribunal accepted the plea of the assessee and deleted the said turnover. A reading of the order of the Tribunal shows that while accepting the case of the assessee on the turnover of Rs.15,75,348/- as relating to despatch of cashew kernals to his head office at Quilon, it also deleted the turnover relating to purchase suppression of Rs.56,260/- arrived at from the long size note book. In the light of the order thus passed accepting the case of the assessee in deleting the estimated turnover, the Tribu....

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....ced. Thus, with the materials produced for the first time, the Appellate Assistant Commissioner rightly remanded the assessment back to the Assessing Officer for the purpose of checking the details with reference to D7 records and with the regular books of accounts. When that being the case, we do not find any justification in the order of the Tribunal to allow the case of the assessee as a matter of course and without even checking the same with reference to the material records and accounts regularly maintained by the assessee. Hence we feel that the proper course herein would be to reaffirm the view of the Appellate Assistant Commissioner to allow the Assessing Officer to look at the details produced by the assessee with reference to D7 ....