Court No. - 1
Case :- SALES/TRADE TAX REVISION No. - 397 of 2008 Revisionist :- M/S.Shanker Int Bhatta Chandauli Opposite Party :- Commissioner Trade Tax Counsel for Revisionist :- Aloke Kumar
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Aloke Kumar, learned counsel for the applicant-assessee and Sri B.K. Pandey, learned Standing Counsel for the revenue.
2. The present revision has been filed against the order of the Trade Tax Tribunal, Varanasi dated 2.7.2003 in second appeal no. 594 of 2001 for A.Y. 1997-98.
3. While learned counsel for the assessee would contend that the best judgement assessment sustained against the assessee is excessive and arbitrary, it remains a fact that the rejection of books of account was founded on the reasoning that the same were not produced on two surveys dated 20.5.1995 and 04.02.1996. Also, during the survey dated 20.5.1995, the brick kiln of the assessee was found to be running and substantial stock of manufactured goods as also work in progress was observed.
4. Then, while the assessing authority had made a best judgement assessment and subjected the assessee to tax Rs. 14,910/-, the first appeal authority reduced the same to Rs. 10,179/-, which has been sustained by the Tribunal. Thus, substantial relief has been granted by the appeal authorities. Once the books had been rejected, some estimate had to be made as to the turnover of assessee. In the facts of the present case, the same is found to be wholly reasoned.
5. Accordingly, the present revision lacks merit and is dismissed.
Order Date :- 26.7.2019 Prakhar