Court No. - 59
Case :- SALES/TRADE TAX REVISION No. - 2072 of 2006 Revisionist :- S/S Jai Bharat Industries Kachaura Bazar Agra Opposite Party :- The Commissioner Trade Tax U.P. 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 assessee and Sri B.K. Pandey, learned Standing Counsel for the revenue.
2. The present revision has been filed by the assessee arising from the order of the Trade Tax Tribunal, Agra dated 12.07.2006 passed in Second Appeal No.31 of 2005 for A.Y. 2000-01 (UP).
3. While the revision had been admitted without reference to any specific question of law, at the stage of hearing, learned counsel for the assessee submits that arising from the survey dated 14.05.2003, the books of account of the assessee had been rejected and estimation made on best judgment basis.
4. Assailing the same, it has been submitted that the estimation made by the assessing authority as sustained by the Tribunal is excessive. In this regard, it is seen that against the disclosed turnover of Rs.8,79,999/-, the assessing authority had estimated the turnover at Rs.20,95,359/-. Upon appeal, the first appeal authority granted partial relief to the assessee and reduced the disputed tax liability. That order has been sustained by the Tribunal.
5. Perusal of the order of the Tribunal would reveal, insofar as rejection of books of account is concerned, the same has been sustained on the basis of material seized during the course of survey dated 14.05.2003. Therein a detailed discussion had been made with respect to the facts discovered during the survey. Thus, it has been concluded that the assessee had engaged in sale- purchase of goods outside its books of account. Accordingly, the rejection of books of account as sustained by the Tribunal cannot be faulted.
6. As to the estimation of the escaped turnover, the Tribunal has again evaluated the seized material and the value of the transaction found recorded there. Based on that consideration, the Tribunal has sustained the order of the first appeal authority which granted partial relief to the assessee. The estimation of turnover is always a question of fact and certain guess work is necessarily involved. Once the appeal authorities are found to have made that estimation on the basis of relevant material existing on record, no interference is warranted in exercise of revision jurisdiction by this Court.
7. The present revision lacks merit and is accordingly dismissed.
Order Date :- 21.8.2019 Abhilash