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2015 (9) TMI 158 - HC - VAT and Sales TaxIncrease of Turnover and tax liability – Best judgment assessment – AO held that two challans, showing sale of goods to certain dealers could not be explained as Assesse had neither produced relevant sale records nor entered sales reflected in said challans in sales tax account registers – Appeal preferred by Assessee was also rejected – Held that:- order passed by Appellate authority and tribunal does not consider any of Assessee’s contentions – Clearly, two challans cannot be basis for rejecting assesse’s books and increasing taxable turnover – In absence of any purchases by Assessee, it was doubtful whether Trading Account could be prepared – AO enhanced turnover principally on basis that Assessee had failed to produce Trading Account – Also turnover was increased on basis of excess stock allegedly found at premises of Assessee, AO has not indicated as to how excess stock would affect declared turnover – While making best judgment assessment, AO did not examine records pertaining to commission received/receivable by Assessee – Assessment Order does not indicate any basis for AO to enhance turnover by 10% – Matter remanded to AO to decide afresh in accordance with law – Decided in favour of Assesse.
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