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2007 (10) TMI 592 - ALLAHABAD HIGH COURTDifference between the documents exhibited - cash amount of ₹ 5,000 was found with the manager of the assessee which was accounted in the sundry/petty cash register Held that:- As the assessing officer has himself recorded that the purchases of the mentha oil which were made by the assessee were in order. The first appellate authority has accepted the contention of the assessee but the Tribunal has enhanced the entire turnover of the petitioner without taking into consideration the fact that purchases of the raw material was found to be in order. Therefore the computation of enhancement made by the Tribunal stands vitiated. Therefore the Tribunal ought to have taken this fact into consideration while computing the enhancement, if any, for the assessment year in question. In so far as the second ground is concerned the said petty cash could not have led the Tribunal to believe that the assessee had indulged in suppression of sales of this amount in order to evade tax and escape the assessment. Such an assumption could not have been drawn by the Tribunal unless there is any cogent evidence to believe that such petty cash being used to suppress sales. The matter is remanded to the Tribunal for reconsideration.
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