2012 (2) TMI 450

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....t in sustaining the levy of purchase tax under section 7A of the TNGST Act, 1959, on the excess stock of groundnut kernel found at the time of the inspection? (2) In the absence of any suppression of turnover, whether the estimation made for possible suppression on mere surmises is not fair and reasonable?" 2. The brief facts arising out of the revision is as under: The assessee is a dealer in oil, oil-cakes, groundnut, etc., at Jayalakshmi Mills, Annur, Coimbatore District. The assessee declared a total taxable turnover of Rs. 23,10,304.70 and Rs. 10,38,164.70, respectively in the monthly returns. The relevant assessment year is 1994-95. The account books were checked. It was found that the return filed was incorrect and incomplet....

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.... redo the same. In respect of other addition and equal addition, the Appellate Assistant Commissioner confirmed the same. Aggrieved by that, the assessee filed appeal before the Sales Tax Appellate Tribunal, who confirmed the additions and equal addition and dismissed the appeal. Aggrieved by that order the assessee filed the present revision raising the above questions of law. 3. The learned counsel for the assessee contended that there was no justification for making equal addition for probable suppression. There is no basis for making equal amount addition and therefore, the same is without justification. It is only estimate and not in accordance with law. The learned counsel for the assessee further submitted that he is not pressing ....