SREE SARAVANA TRADERS Vs. DEPUTY COMMERCIAL TAX OFFICER

JUDGEMENT

(1.) WITH the consent of the learned counsel appearing on either side, the writ petition is taken up for final disposal.

(2.) IT is submitted that the petitioner is a dealer engaged in the manufacture of M. S. Steel and for which the petitioner procures M. S. Bars, M. S. Rounds, M. S. Plates and Scraps from both outside the State as well as from inside the State. After manufacture they are sold both intrastate as well as on interstate sale basis. For the assessment year TNGST 2003-04, the petitioners were originally assessed on a total and taxable turnover of Rs. 3,31,51,462/- and NIL, respectively, by proceedings, dated 14. 10. 2005. It was due to the fact that the petitioner was dealing in declared goods of M. S. Steels, the same was liable to tax at rates not exceeding 4% at the point of first sale inside the State. The petitioner purchases the M. S. Bars, Rounds and Plates from locally registered dealers and use the same for manufacturing M. S. Steels, that is sold locally and hence, the same is exempted by virtue of the claim of second sales exemption.

(3.) IT is also stated by the petitioner that the place of the business premises of the petitioner was inspected by the Enforcement wing officials on 24. 1. 2006 and two purchase files marked 'a' and 'b' and certain D-7 slips were recovered for further scrutiny. On a call from the Enforcement Wing officials, the petitioner's accountant appeared and explained the nature of entries found in the recovered files with reference to the books of accounts maintained. Thereafter, the respondent had issued the Revision Notice, dated 22. 6. 2007, asking the petitioner to submit the objections, if any, within a period of fifteen days from the date of receipt of the notice. The petitioner had submitted a request to the respondent, dated 27. 6. 2007, asking the respondent to furnish xerox copies of the explanation and slip no. 28 based on which the objections would be given by the petitioner.