1994 (1) TMI 265

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..... ision is directed against the order dated May 9, 1983 passed by the Sales Tax Tribunal, Aligarh, in Second Appeal No. 442 of 1986 in respect of the assessment year 1980-81. Learned counsel for the applicant has pointed out an apparent illegality in the order of the Tribunal to the effect that the Tribunal has arrived at the amount of Rs. 73,000 as the turnover of the assessee for the assessment y .....

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..... ng down the amounts of profit and tax on tax which are relatable also to the theka money. The turnover thus arrived will be non-taxable. Shri M.C. Gupta, learned Standing Counsel, had however, argued that since the accounts of the assessee had been rejected by the Sales Tax Officer and the said rejection has also been maintained by the Tribunal, the Tribunal was justified in arriving at the figur .....

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..... urnover of the assessee cannot be said to be assessment based on best judgment and is unjustified. In the result the revision succeeds and is accordingly allowed. The Tribunal is directed to make a consequential order regarding tax liability of the applicant after reducing the sum of Rs. 1,50,735.30 which is theka money from the said turnover. The profit and tax on tax shall also be accordingly re .....

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