2016 (11) TMI 463

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....he State of Gujarat through Commissioner of Commercial Tax has preferred the present Tax Appeal with the following proposed substantial questions of law. "(a) Whether the learned Tribunal erred in considering the transaction of consignment sale with M/s. Jay Bhavani Enterprise, M/s. Maharashtra Agro Products and M/s. Prabhat Oil Industries as genuine transaction. (b) Whether the learned Tribunal erred in considering the fact that the respondent is not liable to pay any additional amount of tax, interest and penalty in respect of sale transaction with M/s. Jay Bhavani Enterprise, M/s. Maharashtra Agro Products and M/s. Prabhat Oil Industries." [2.0] At the outset it is required to be noted that this is the second round of litigation. Earl....

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....e assessee having countered the same. Thus, the findings recorded by the Tribunal clearly suffer from nonapplication of mind. When the assessee has raised specific contentions before the Tribunal, the Tribunal is required to apply its mind to the said contentions and after appreciating the evidence on record, record its findings in respect thereof. In the present case, the Tribunal has abdicated its duties of appreciating the evidence on record and recording its findings and has merely brushed aside the submissions made by the assessee without even a reference thereto. The impugned order of the Tribunal therefore stands vitiated and cannot be sustained." [3.0] That thereafter on remand by detailed judgment and order the learned Tribunal ha....

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....as received, the account was credited. Thereafter, the learned Tribunal has given the finding that the said entries were tallied with proforma invoice produced and the payments through cheques were received by the assessee. The learned Tribunal has also observed that the assessee has also produced 'F' Form issued by the respective competent authorities which may be accepted as conclusive evidence for establishing the claim of consignment sales. Considering the facts and circumstances and when thereafter the learned Tribunal has held the transactions with M/s. Jay Bhavani Enterprise, M/s. Maharashtra Agro Products and M/s. Prabhat Oil Industries as genuine, it cannot be said that any substantial question of law arise as sought to be contende....