Court No. - 59
Case :- SALES/TRADE TAX REVISION No. - 966 of 2009 Revisionist :- M/S Sterling Agro Industries Ltd. Jivini Mandi Agra Opposite Party :- The Commissioner Commercial Tax U.P. Lucknow Counsel for Revisionist :- Rakesh Ranjan Agrawal,Suyash Agarwal Counsel for Opposite Party :- C.S.C.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Suyash Agarwal, 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 against the order of the Commercial Tax Tribunal, Agra dated 10.11.2008 passed in Second Appeal No. 215 of 2006 for A.Y. 2003-04 (UP). By that order, the Tribunal has partly allowed the appeal filed by the assessee and reduced the disputed taxable turnover to Rs.17,15,000/- and tax liability to Rs.1,39,000/-.
3. During the assessment year in question, the assessee was engaged in manufacturing of milk product, on job work basis. It disclosed purchase of milk at Rs.2,51,81,430/-. Also, it is disclosed payment of job work charge Rs.1,25,60,715. Arising from a survey dated 22.01.2004, it was alleged that the assessee did not maintain its books of accounts or manufacturing register. Also, certain seizure proceedings had taken place during the assessment year in question involving goods being manufactured and transported by the assessee.
4. Upon consideration of such material, the assessing authority had rejected the books of accounts of the assessee and estimated the suppressed turnover of the assessee at Rs. 90,00,000/-. Upon appeal, the same was reduced to Rs.35,00,000/- whereas upon further appeal to the Tribunal, it has been reduced to Rs.17,50,000/-. Thus, the disputed tax liability of Rs.7,20,000/- had been reduced to Rs.1,39,000/- by the Tribunal.
5. Having heard learned counsel for the parties and having perused the record, in the first place, there is no error on part of the revenue authorities in rejecting the books of accounts of the assessee inasmuch as in the context of the trade in which the assessee was engaged being manufacture of milk product, such account should have been necessarily maintained. The same were found absent at the time of survey. Further, keeping in mind, the adverse material, the estimation of the disputed turnover as made by the assessing officer, has been substantially reduced by the Tribunal.
6. The estimation of the turnover always involves guess work. Inasmuch as in the present facts, on the basis of consideration of material and circumstance existing on record and further in view of the fact that substantial relief had been granted by the Tribunal, no question of law arise in the present case.
7. The present revision lacks merit and is accordingly dismissed.
Order Date :- 27.9.2019 Abhilash