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2019 (2) TMI 200 - HC - VAT and Sales TaxAssessment u/s 3-F on estimation basis - audited balance sheet and other accounts had been maintained in the ordinary course of business - Held that:- It is clear that the books of accounts of the assessee had been accepted by the assessing officer. Once those books of accounts were accepted, clearly there was no room to invoke the provisions of Section 3-F(3) of the State Act - To allow the assessing officer to both accept the books of accounts and yet disbelieve part thereof would be to allow self-contradicted findings to arise and exist in the assessment order - answered in favor of the assessee. Whether the goods can be treated as steel structure or steel structural? - Held that:- It does not stand established from the record if any tax liability has been created in excess of 4 percent on any goods falling under the scheme of Sections 14 and 15 of the Central Act. Perusal of the assessment order discloses, the higher tax liability was created with respect to items - tower components and galvanized components etc. The Tribunal has made reference to the same and observed there is no error in the quantification of that tax liability. Nothing has been shown to exist on record to establish that those items were of the description as may satisfy the language of Section 14(iv) (v) of the Central Act. In absence of any material being shown to the Court, the findings recorded by the Tribunal and the lower authorities, though not very happily worded, yet do not call for any interference in exercise of its limited jurisdiction of revision, by this Court - answered against the assessee. Revision allowed in part.
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