STATE OF KARNATAKA Vs. JINDAL ALUMINIUM LIMITED

JUDGEMENT

(1.) THE revenue is aggrieved by the orders passed by the Karnataka Appellate Tribunal dated march 22, 1999, in respect of the assessment years 1989-90 to 1993-94 (CST), wherein, the alleged suppression was deleted and the transactions were held as branch transfers and not inter-State sale. These proceedings emanated from reassessment orders, on the basis of the report of the Central Excise Department. The Central Excise Department, ultimately, dropped the proceedings and the contention of the assessee that there was no suppression, was accepted by the Central Excise Tribunal as well Before us, it is submitted that, the Tribunal was not justified in deleting the suppressed figures of sales estimated by the assessing authority and treating the transaction as branch transfers and not inter-State sales.

(2.) ARGUMENTS of the learned counsel for both the parties heard and both these issues are dealt separately : following five questions have been raised :

(3.) (A) Whether there is suppression :