2022 (10) TMI 918

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....dents and perused the materials available on record. 2. In this writ petition, the petitioner has challenged the order passed by the first respondent/Joint Commissioner (CT)-III, Chennai, pursuant to a notice issued under Section 34 of the Tamil Nadu General Sales Tax Act, 1959, seeking to revise the order of assessment as modified by the Appellate Assistant Commissioner (CT), Virudhunagar/second respondent vide order dated 09.11.1995 made in A.P. No.784/95 allowing the appeal with the following observations: 4. The arguments advanced by both the parties were examined with reference to assessment records. The main reason for the addition and estimation is the entires found in the student note book recovered under D7 slip and the....

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....ook recovered under D7 slip is found accounted for in the regular day book which was produced before the inspecting officials on 13.10.93. On 13.10.93, the appellants have not produced any stock account. Therefore, the entries in the stock account as checked by the assessing officer on 7.3.95 requires no consideration. As the entries found in the D7 records have gone through the regular day book produced before the inspecting officials on 13.10.93 itself, the entries in the student note book cannot be taken as omissions and unaccounted transactions. Hence, the estimation based on the D7 slip and the equal addition for probable omission are ordered to be deleted. Place Page in D7 Commodity Quantity Cittai Page in the day book ....

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....mplete. For these defects, certain addition towards the book turnover will meet the end of justice. Thus, the turnover re-fixed as follows: Taxable turnover as per accounts : Rs.8,77,617.00 Add: 2% for defects : Rs. 17,552.00 Total : Rs.8,95,169.00 at 4% Exemptable turnover as per accounts :Rs.20,70,297.00 Total turnover Rs.29,65,466.00 Tax due :Rs. 35,807.00 Tax paid :Rs. 35,529.00 Balance :Rs. 278.00 Penalty is refixed at 50% i.e. Rs.139/-   3. The order was sought to be revised under Section 34 of the Act by the first respondent, by issuing a notice dated 10.02.1998. By the impugned order, the order of the Appellate Commissioner was revised by holding that the petitioner had s....

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.... could not be said to exist thereafter. Once the goods or stock found to be deficit at the time of inspection, has been brought into account before Assessment the question of working out the actual suppressions does not arise and if at all there is any case for addition, it is only on account of the defects noticed in the accounts and an addition for probable omissions on account of the defective method of accounting, if any, noticed. It is only for such defects noticed and on weighing the nature and gravity of the defects, the first Appellate Authority as well as the Tribunal thought fit to hold that an overall addition of 10 per cent to the turnover as disclosed in the books would suffice the ends of justice in this case. In view of the a....