Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2019 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (8) TMI 7 - HC - VAT and Sales TaxBasis of assessment - book/diary during the survey admittedly belonging to the third party - the applicant was not in existence in the assessment in dispute - HELD THAT:- There is clear lack of application of mind and there is clear absence of any necessary finding recorded as to the status of the assessee or the manner in which such liability as has been fixed on the present assessee. Mere existence of blood relationship between persons involved in the two businesses is of no consequence. Though the books of account of the third person may have been relevant for the purpose of assessment of the assessee, however, in absence of any material being found therein representing concealed transaction of the present assessee, neither any rejection of books of account nor any addition may have been made in the case of assessment, for the sale proprietorship concern of the assessee. Revision allowed.
|