Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2016 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (11) TMI 414 - ALLAHABAD HIGH COURTBest judgement assessment - Job-work - turnover pertaining to job-work and repairing activity - Held that: - The findings of manufacture of furniture and sales thereof is supported by concurrent findings of fact recorded by the authorities based on material on record. That apart the Assessee, in his reply to the show cause notice, has himself admitted the nature of his business activity to be manufacture, repair and job work. However, he could not prove job work. Thus the findings of the Tribunal that the Assessee is engaged in the manufacture and sales of furniture, does not require any interference. Repair activity - the Assesee has clearly stated and produced sufficient material before the Assessing Authority, the First Appellate Authority and the Tribunal with regard to receipt of amount on account of repairs from two agencies, namely, UCO Bank and the I.T.A.T. which comes to ₹ 9,900. The Assessing Authority has not made any inquiry from the aforesaid UCO Bank and I.T.A.T. with regard to the genuineness of repairing disclosed by the Assessee. Thus the receipt of repairing charges from the aforesaid two persons can not be doubted and the addition in the turnover on the basis of receipt of repairing from these two persons is wholly unjustified. Rest of the amount of receipts from repairs could not be proved by the Assessee. Since the profit shown from repairing has been proved by the Assessee to the extent of ₹ 9,900/- hence proportionate addition in sales turnover deserves to be reduced. Consequently, the sales turnover, applying the gross profit rate of 10% as adopted by the Tribunal, is reduced by ₹ 1 lac and the evaded sales turnover is fixed at ₹ 24 lacs - the Revisions are partly allowed to the extent indicated above. The addition in sales turnover of furniture is reduced by Rs. one lac and the unaccounted purchases subjected to tax is deleted.
|