- (1.) Heard on question of admission.
(2.) The appellant has filed the intra court appeal questioning the legality of the order dated 20.12.2011 passed by the Single Bench dismissing CWP No.1766/2008 questioning the sustainability of the notice issued under Section 29 of the Rajasthan Sales Tax Act, 1994 (referred to herein after as 'the Act of 1994').
(3.) Notice was based on survey which was conducted on 1.9.2007. It was submitted that for the assessment year 2004- 2005, on survey on 1.9.2007, one Compact Disc (CD) and other documents were found, from which it becomes clear that certain imported goods were suppressed. The total purchase of Zinc Ash and Zinc Dross was made of Rs.7,47,57,535/- whereas it was declared to be of the value of Rs.4,71,65,632/-. Thus, there was suppression of import of zinc ash and zinc dross to the tune of Rs.2,75,91,903/-. Thus, there was tax evasion. The assessee was required to show cause why the expenditure be not added at the rate of 10% and profit at the rate of 10% and thereby the undeclared purchase be held at Rs.3,31,10,284/- and why the tax should not be levied along with penalty under Section 65 of the Act of 1994 and why interest be not realised under Section 58 of the Act of 1994.;