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2019 (1) TMI 308 - HC - VAT and Sales TaxRejection of books of accounts - non-production of books - enhancement of turnover - no material or evidence of any concealed turnover of purchase or sale of goods made by the assessee - Held that:- While rejection of books of accounts may arise on non-production of books, as is the fact of the present case, however, it cannot be disputed that for the purposes of making the estimation of turnover, the authorities were burdened to justify the estimation on the basis of any material or evidence that may have been existing on record. The fact that the assessee may not have produced it's account books, may only have given rise to rejection of it's books of accounts but not to enhanced estimation of it's turnover. In the present case, the Tribunal had recorded a specific finding that the estimation made by the assessing authority and the first appellate authority did not rest on any valid ground. In face of such finding, the further conclusion drawn by the Tribunal to estimate the enhanced/concealed turnover is, therefore, clearly selfcontradicted and cannot be sustained. Rejection of books of accounts cannot be upheld - revision allowed - decided in favour of the applicant-assessee.
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