Court No. - 30 Case :- SALES/TRADE TAX REVISION No. - 11 of 2003 Petitioner :- M/S Bansal Foods Pvt. Ltd. Respondent :- The Commissioner,Trade Tax,U.P. Lucknow Petitioner Counsel :- Alok Kumar Respondent Counsel :- C.S.C. Hon'ble Bharati Sapru,J.
Heard learned counsel for the assessee and the learned
standing counsel for the department.
This revision under section 11 of the U.P. Trade Tax Act has
been filed by the assessee for the assessment order 1999-
2000 against the order of the tribunal dated 11.12.2002. The
questions of law referred are as under:
“(1) Whether Trade Tax Tribunal was legally justified in affirming the
rejection of books of account without taking any step for the verification of
the submission of the applicant though the Tribunal have ample power to do
so?
(ii) Whether authorities can be permitted to reject the books of account
without pointing out any specific defect in the same?
(iii) Whether Tribunal was legally justified in not considering the totality
of circumstances as well as previous history of the applicant while making
estimating of turnover?
(iv) Whether authorities can be permitted to estimate taxable turnover and
tax merely on the basis of presumption?
(v) Whether in absence of any material evasion can be presumed and
estimated without any basis of the whole year?”
The Tribunal has made an assessment of the transactions
which have escaped assessment being four trucks in three
months and on that basis, has assessed the escaped
turnover at Rs.17.50 lacs. However there is no basis for this
escaped turnover, except that in three months, four trucks
were returned and not accounted for.
In view of the above, I am of the opinion that the assessment
has been made on the basis of a presumption, which is not
justified. The impugned order of the Tribunal is set aside.
The matter is remanded to the Tribunal for reconsideration
of the escaped turnover. The reconsideration may be made
within a period of three months from the date of production
of a certified copy of this order being placed by the
revisionist assessee within three weeks from today.
The revision is disposed of as above. No costs.
Order Date :- 22.1.2010
rk