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2021 (11) TMI 729 - HC - VAT and Sales TaxRejection of turnover appearing in the books of accounts - turnover shown in the account books is higher than the turnover disclosed in the return - disallowance of claim of damage which is less than 1% - HELD THAT:- Seeing the first year of business of the revisionist, the revenue cannot compel the revisionist to manage the affair of its business or to conduct its business according to whims of the assessing authority. The revisionist have all rights to manage its business affairs according to his wisdom. In absence of any material brought on record by the authorities, the revenue cannot compel the dealer to sell its products at a rate fixed by the revenue without bringing on record any exemplars. Therefore, the view taken by the Tribunal as well as the lower authorities that the goods were sold at lesser price is bad. Further the record reveals that only on the basis of surmises and conjucture, the account books of the assessee have been rejected and turnover has been enhanced which cannot be justified. It is already well-settled that in the absence of any definite adverse material accounts kept in regular course of business cannot be disbelieved and must be given credence and due weight - In the case in hand, no adverse material whatsoever was brought on record to disbelieve the account books maintained by the revisionist and therefore rejection of account books and enhancement of turnover is uncalled for. The Tribunal is directed to pass an order under Section 11(8) within a period of two months from the date of receipt of a copy of this order - revision is allowed with cost of ₹ 2000/- (two thousand), which shall be paid to the revisionist within a period of one month from today and compliance report of the same be submitted by the opposite party to the Registrar General of this Court within 45 days from today.
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