CONCRETE TANK MANUFACTURING CO Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under section 42 (2) of the Haryana General Sales Tax Act, 1973 (hereinafter referred to as "the Act") for a direction to the Sales Tax Tribunal, Haryana, to refer the following questions of law to this Court for its opinion :

(2.) ASSESSEE is a registered dealer in Gurgaon. Assessment proceedings in this case were initiated by the Assessing Authority by issuing notice under section 48 (2) of the Act. On scrutiny of the summary prepared from the return filed by the assessee, it was noticed that there was a heavy fall in sales compared to the previous year for which assessee was directed to file an affidavit disclosing reasons for fall in the sale. Explanation given by the assessee was that he had been deducting 25 percent of the value of the goods while calculating opening stock of the year. Assessing Authority came to the conclusion that the dealer was concealing his turnover as under-valuation price of opening stock resulting in under-valuation of the sale price and also effecting levy of tax. Assessing Authority increased gross turnover from Rs. 77,360 to Rs. 1,00,000, levied tax and imposed penalty of Rs. 4,000 under section 48 of the Act. This order was unhelped by the first appellate authority and thereafter by the Tribunal.

(3.) TRIBUNAL has recorded a firm finding of fact that the assessee had failed to maintain correct accounts and to furnish correct return making him liable to the imposition of penalty under section 48 of the Act. No referable question of law arise from the facts present on the record. Dismissed. No costs. Petition dismissed.