Court No. - 1
Case :- SALES/TRADE TAX REVISION No. - 432 of 2008 Revisionist :- M/S Baba Int Bhandar Opposite Party :- The Commissioner Trade Tax U.P. Commercial Tax Lucknow Counsel for Revisionist :- Aloke Kumar Counsel for Opposite Party :- C.S.C.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Aloke Kumar, learned counsel for the applicant- assessee and Sri B.K. Pandey, learned Standing Counsel for the revenue.
2. The present revision has been filed against the order of the Trade Tax Tribunal, Varanasi dated 26.4.2006 in second appeal no. 1169 of 2001 for A.Y. 1996-97.
3. The present proceedings had arisen by way of best judgment assessment. In view of the fact that the assessee was found to have not maintained it's books of account, the additions have been made to the firing period of the assessee in light of the observations made at the time of survey conducted during the relevant year.
4. In such facts, the rejection of books of account was an automatic consequence of non-maintenance of books and adverse facts noted during the survey. As to estimation, already substantial relief had been granted by the Tribunal and the turnover had been reduced. The findings recorded by the Tribunal are finding of fact, which are based on evidence or material available on record. No intereference is warranted in the present proceedings.
5. Accordingly, the present revision lacks merit and is dismissed.
Order Date :- 26.7.2019 Prakhar