Court No. - 59
Case :- SALES/TRADE TAX REVISION No. - 2079 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.33 of 2005 for A.Y. 2002-03 (UP). By that order, the Tribunal has partly allowed the assessee's appeal and reduced the estimation of turnover.
3. Perusal of the order of the Tribunal reveals that though the books of account of the assessee had been rightly rejected, in face of adverse material discovered during the survey conducted on 14.05.2003, the estimation of escaped turnover was made at Rs.3,80,16,620/- as against disclosed turnover of Rs.9,91,980/-. The first appeal authority partly allowed the appeal and reduced the disputed tax liability by Rs.3,78,000/-.
4. Upon further appeal to the Tribunal, it had granted relief and reduced the disputed tax liability further. While making that order, the Tribunal has taken full note of the seized material containing details of transactions performed by the assessee outside its books of account.
5. Having taken note of such material, it has thereafter estimated the escaped turnover. 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 factor. Therefore, the order passed by the Tribunal does not call for any interference.
6. The present revision lacks merit and is accordingly dismissed.
Order Date :- 21.8.2019 Abhilash