This revision has been filed by the revisionist State under section 11 of the U.P. Trade Tax Act for the assessment year 1995-96 against the order of the tribunal dated 31.8.2001. The questions of law referred are as under:
"(i) Whether on the facts and in the circumstances of the case, the Trade Tax Tribunal was legally justified to allow the substantial relief in the tax assessed by the assessing authority in the well discussed order which was passed and the turnover of suppress sales was estimated in the light of the adverse material exhibited by the account books seized at the time of S.I.B. survey dated 17.12.95, amongst other grounds?
(ii) Whether on the facts and in the circumstances of the case, the Trade Tax Tribunal was legally justified to accept the dealer's version in respect of the non-availability of the account books on the business premises of sthe dealer at the time of survey on the ground that no responsibile person on behalf of the assessee was available at the time of survey?
(iii) Whether on the facts and in the circumstances of the case, the Trade Tax Tribunal was legally justified in reduce the assessed tax phenomenally inspite of the fact the Tribunal has itself justified the order of the authorities inasmuch as it was passed the best judgment assessment and in view of the tribunal's observation that the dealer was involved in the tax evasion on a very large scale?"
The Tribunal has recorded findings of fact accepting that the transactions made in Ramnagar in the State of West Bengal were made between inter-parties over there and it had nothing to do with the State of U.P.
This Court has already decided this matter for the previous year in favour of the assessee, which is reported in 2009 Tax Law Diary 367.
In view of the above, this revision lacks merit which is, accordingly, dismissed. No costs.
Order Date :- 1.2.2010 rk