2015 (12) TMI 785

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....ture of the dispute involved, we directed Mr.A.N.R.Jayaprathap, learned Government Advocate to take notice. 3. The petitioner is a registered dealer under the TNGST Act and CST Act. The Assessing Officer passed an order dated 20.6.2005 under the CST Act, 1956 for the assessment year 2000-01. The petitioner had effected interstate sales for a turnover of Rs. 24.95 Crores and had furnished Form C with declaration for a turnover of Rs. 23.82 Crores. In respect of transit sales for a turnover of Rs. 74.10 Lakhs, the Assessing Officer held that there was a difference in value as reflected between the E1 Form and the E1 statement to the extent of Rs. 52.23 Lakhs. Therefore, he levied a higher rate of tax on interstate sales, in respect of the ....

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....s. 19,98,976/-, within five years from the date of the original assessment order, before the Assessing Officer himself, as per the circular of the Commissioner, and (b) that the petitioner failed to file a detailed statement regarding transit sales along with proof of records, such as copies on debit notes, etc. Therefore, aggrieved by the said order of the Tribunal, the assessee has come up with the above revision raising the following questions of law: "1. Whether in the facts and circumstances of the case, the Tribunal is right in confirming the disallowance of exemption on sale in transit effected by the petitioner under Section 6(2) of the CST Act, 1956, when the turnover of Rs. 52,23,908/- is covered by the statutory E1 and C....