LAWS(MAD)-2012-2-143

JAYALAKSHMI OIL MILLS ANNUR COIMBATORE DISTRICT Vs. STATE OF TAMIL NADU REP. BY THE DEPUTY COMMISSIONER TAXES COIMBATORE DISTRICT COMMERCIAL TAXES BUILDING DR BALASUNDARAM ROAD

Decided On February 03, 2012
JAYALAKSHMI OIL MILLS ANNUR COIMBATORE DISTRICT Appellant
V/S
STATE OF TAMIL NADU REP. BY THE DEPUTY COMMISSIONER TAXES (COIMBATORE DISTRICT) COMMERCIAL TAXES BUILDING DR. BALASUNDARAM ROAD Respondents

JUDGEMENT

(1.) The above Tax Case Revision is preferred by the assessee under Section 38 of the Tamil Nadu General Sales Tax Act against the order of the Tamil Nadu Sales Tax Appellate Tribunal (Additional Bench) Coimbatore dated 07.03.2001 passed in CTA. No. 262 of 1997 raising the following questions of law:-

(2.) The learned counsel for the assessee contended that there was no justification for making equal addition for probable suppression. There is no basis for making equal amount addition and therefore, the same is without justification. It is only estimate and not in accordance with law. The learned counsel for the assessee further submitted that he is not pressing question No. 1.

(3.) The learned counsel for the Revenue on the other hand submitted that the Tribunal had considered all the facts and circumstances of the case and came to the conclusion and confirmed the addition on the ground that there is stock variation as well as suppression of the turnover. He further submitted that the order of the Tribunal is in accordance with law and the same shall be confirmed.