Court No. - 59
Case :- SALES/TRADE TAX REVISION No. - 2073 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 counsel for the revenue.
2. The present revision has been filed by the assessee against the order of the Trade Tax Tribunal, Agra dated 12.07.2006 passed in Second Appeal No.109 of 2004 for A.Y. 2001-02 (UP). By that order, the Tribunal has allowed the revenue's appeal and dismissed the assessee's appeal. It has thereby restored the assessment order.
3. Perusal of the order of the Tribunal reveals that during the course of survey dated 14.05.2003, documentary evidence of purchase made by the assessee from the unregistered dealer valued at Rs.99,45,703/- had been detected. Commensurate to that, estimation of the purchase had been made by the assessing officer at Rs.1,11,04,500/-. The first appeal authority while granting relief reduced the estimated purchase from unregistered dealer below the figure found recorded in the document seized during survey.
4. The Tribunal has after considering such facts and evidence, restored the assessment order. The estimation made by the assessing officer as sustained by the Tribunal is found to be based on material seized during the survey and wholly proportionate to the value of undisclosed purchase detected. Therefore, the order passed by the Tribunal does not call for any interference.
5. The present revision lacks merit and is accordingly dismissed.
Order Date :- 21.8.2019 Abhilash