Court No. - 7
Case :- SALES/TRADE TAX REVISION No. - 2282 of 2007 Applicant :- M/S Goyal Enterprises Opposite Party :- Commissioner Trade Tax Counsel for Applicant :- R.R.Agrawal,Suyash Agarwal Counsel for Opposite Party :- C.S.C.
Hon'ble Saumitra Dayal Singh,J.
1. The present revision has been filed by the assessee for the A.Y. 2000-01 (U.P.) arising from the order passed by the Trade Tax Tribunal Bench-II, Agra dated 08.06.2007 in Second Appeal No. 152 of 2003.
2. Briefly, the assessee had been registered as a manufacturer of agricultural implements. He claimed exemption on that count in its return. The assessee disclosed sale turnover to Rs. 2,21,850/- and admitted tax liability of which it claimed exemption with respect to sales of Rs. 2,09,850/-. It is also admitted that the disclosed sale of mechanical jack on which 5% tax was realised and paid by the assessee. Based on a survey conducted during the assessment year in question, the assessing authority relied on seized material being bill book containing details of sale of mechanical jack that had been concealed. Accordingly, by assessment order dated 27.09.2002, the assessing authority rejected the books of account and estimated the turnover of concealed turnover of mechanical jacks at Rs. 12,21,850/- and imposed tax thereon Rs. 72,960/-. The matter carried in appeal, which was allowed by the First Appellate Authority.
3. Upon further appeal filed by the revenue, the Tribunal has allowed the appeal in part filed by the revenue and estimated the undisclosed turnover of mechanical jacks at Rs. 2,12,000/- and determined the tax liability at Rs. 16,960/-.
4. Learned counsel for the assessee submits that there is no basis as to the estimation made by the Tribunal and that the First Appellate Authority had rightly allowed the appeal filed by the revenue.
5. Learned Standing Counsel on the other hand submits that insofar as undisclosed bill has been discovered during the survey conducted relevant to the year in question, the rejection of books of account was wholly valid. It has also been submitted that based on that material the Tribunal has granted relief and made nominal addition to the turnover and disputed tax. In fact, the First Appellate Authority had erroneously passed the order in face of the similar bill book.
6. Having heard learned counsel for the parties and having gone through the order, it does appear that the Tribunal has rightly upheld the assessment order insofar as rejection of the books of account based upon discovery of undisclosed bill book. As to estimation of turnover, it is undisputed that the guess work made by the Tribunal is based on material and evidence that exists in the shape of bill book containing details of sale of mechanical jack. Therefore, the order passed by the Tribunal is reasonable and justified. The findings of the Tribunal are concluded findings of fact based on material and evidence existing on record.
7. The present revision lacks merit and is accordingly dismissed. No order as to costs.
Order Date :- 21.1.2019 Abhilash