Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2019 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (11) TMI 825 - HC - VAT and Sales TaxEstimation of turnover and tax - Whether the facts and circumstances of the case the tribunal was right in deciding the second appeal of the applicant in summary manner being the court of last fact finding authority, without considering the reply to the show cause notice and the memorandum of second appeal? HELD THAT:- The Tribunal, as the last fact finding authority, ought to have given serious consideration and it ought to have recorded its own findings of fact, upon consideration of grounds pressed. It further appears that there cannot be any dispute to the rule being relied upon by the learned counsel for the assessee. In the facts of the present case, it is seen that, it remained undisputed that two bill books had been found from the premises of the assessee during the survey dated 29.8.2005 wherein transaction of purchase and sale of raw materials and finished goods were found recorded. Those remained from being reconciled by the assessee from its regular books of accounts. The total number of pages on which such transaction have been found recorded were in excess of fifty and period for which they related was also in excess of a few months. Present is clearly a case where adverse material found during the survey brought to light substantial undisclosed purchase and sale of goods. Therefore, there can be no challenge to the rejection of books of accounts of the assessee. Revision dismissed.
|