Court No. - 33 Case :- SALES/TRADE TAX REVISION No. - 2315 of 2006 Petitioner :- The Commmissioner, Trade Tax Respondent :- S/S Jai Chandra Prabhu Industries Pvt. Ltd. Petitioner Counsel :- Standing Counsel Hon'ble Pankaj Mithal,J.
Heard learned Standing Counsel and Sri Lokesh Mittal.
The assessee/opposite party is a manufacturer of liquid cattle feed which is
manufactured out of the molasses which the assessee/opposite party purchases
from the registered dealers. In the assessment year 1996-97 (U.P.), on account
of the fact that during a survey no manufacturing of liquid cattle feed was
found, the assessing authority drew a presumption that the assessee/opposite
party purchased molasses not only from the registered dealers but also from
others and the same has been sold in open market. Accordingly, tax liability
was assessed at Rs.2,25,000/-. The said assessment has been set aside in first
appeal which decision has been upheld by the tribunal also with the finding
that there is no material to indicate that the purchase of molasses was also
made from other dealers.
In absence of any material to prove that the assessee/opposite party has made
any purchase from a dealer other than registered dealers, the first appellate
authority as well as the tribunal has not committed any error in setting aside
the order the assessing authority.
Since the order of the tribunal and the first appellate authority are based on
findings of facts, I am of the view that the revision raises no question of law.
It is accordingly dismissed.
Order Date :- 16.7.2010
BK