MODERN METAL CASTINGS Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) K. Raviraja Pandian, J.

(2.) THIS revision is filed under section 38 of the Tamil Nadu General Sales Tax Act against the order of the Sales Tax Appellate Tribunal (Additional Bench), Coimbatore dated 30.07.1996 made in CTA No,305/1995.

(3.) AS per the records, it is manifest that the appellant collected excess sum of Rs.11,345.57 towards tax, which is over and above the permissible limit. The assessee/appellant has admitted that instead of collecting 3% of the tax, it has collected 4%. However, it was the contention of the assessee that the excess collection of the tax was returned to the concerned parties by issuance of credit notes. On a perusal of the records, it is evident that on 25.08.1994 the assessing officer has passed the final assessment order. After passing of that order, nine credit notes were obtained from 18.11.1994 to 28.12.1994, for the transactions held during 18.05.1993 on 01.09.1993. The so called 9 credit notes were regarded as not genuine, and created for the purpose of avoiding penalty under section 22(2) of the Act, because those credit notes were dated nearly one year after the corresponding transaction took place. On a thorough perusal of the records, it is evident that the Tribunal has recorded a finding that the credit notes were created for the purpose of the case and on after thought. Even the total amount as per the credit notes was only for Rs.6,516/- and for the remaining amount there was no credit note. The Tribunal has recorded a finding that the credit notes produced at the appellate stage were not genuine, but were created for the purpose of avoiding penalty. Before us nothing has been made out to repudiate that factual finding.