2013 (6) TMI 695

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.... Advocate (Taxes), for the respondent. ORDER The above tax case revision is filed at the instance of the assessee as against the order of the Sales Tax Appellate Tribunal in respect of the assessment year 1993-94. The tax case revision was admitted on the following substantial questions of law: "1. Whether, the Tribunal was correct in restoring the estimated turnover of out turn of ground....

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....o verify the genuineness of the transaction, the accounts of the dealers for 1993-94 were summoned. The assessee did not produce the accounts and not responded to the notice. In the background of this, summons were issued to the address of the seller noted in the bought notes to verify the nature of transaction. But all the summons were returned unserved with postal endorsement such as "insufficie....

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....es were not true, the burden was on the assessee to prove that the persons were real existing persons. Thus, the Tribunal allowed the State appeal, thereby, restored the order of the assessing authority by holding that the estimation of the turnover on the purchase of the groundnut kernal and the oil was sustainable. Aggrieved by the same, the present appeal by the assessee. Learned counsel app....

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....hased the oil-cake from agriculturists. Inability to prove the existence of the persons, per se, does not call for levy of penalty at 150 per cent. Thus, taking note of the facts and circumstances of the case, we reduce the penalty from 150 per cent. to 50 per cent. of the tax due on the suppressed turnover, assessable under the Tamil Nadu General Sales Tax Act. In the result, we direct the ass....