Court No. - 33 Case :- SALES/TRADE TAX REVISION No. - 88 of 2003 Petitioner :- M/S Kingstan Glass Works Mohammadpur Thru'Its Proprietor Respondent :- The Commissioner Trade Tax U.P. Lucknow Petitioner Counsel :- Rakesh Kumar Garg 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 has been filed by the assessee for the
assessment year 1993-94 against the order of the tribunal
dated 10.12.2002, by which the turnover of the assessee
has been enhanced to Rs.25 lakhs.
It has come on record before the first appellate authority as
well as the tribunal that the stock lying with the assessee for
the previous year Rs.19,000 and odd and the coal
purchased in the year in question was Rs.10,28,000/-.
However the turnover has been assessed at Rs.25 lakhs. In
view of the material on record, the turnover of the assessee
is clearly excessive and arbitrary, which requires
reconsideration.
In view of the above, the matter is remanded to the tribunal
to re-assess the turnover of the assessee in accordance with
the material before it. The assessee may be given an
opportunity of hearing. The matter may be reconsidered by
the tribunal within a period of three months from the date of
production of a certified copy of this order being placed
before it by the assessee within the next three weeks from
today.
The revision is disposed of as above. No costs.
Order Date :- 4.2.2010
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