2006 (1) TMI 572

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..... directed against the order of Tribunal dated April 15, 1999 relating to the assessment years 1986-87 and 1987-1988. The applicant was carrying on the business of purchase and sale of coal and claimed to have maintained books of account in the form of purchase register, sale register, purchase voucher, cash memo and form register. It was claimed that the purchase and sale were verifiable. The asse .....

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..... is court in T. T. R. No. 285 of 1999 (Balak Coal Depot, Chandausi, Varanasi v. Commissioner of Trade Tax) decided on November 11, 2005 held that the books of account cannot be rejected merely on the ground that the rokar and khata could not be maintained in case other books of account have been maintained and from other books of account purchases and sales are verifiable. He further submitted tha .....

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..... nd sales are verifiable. Thus, Tribunal is directed to examine whether the purchases and sales are verifiable from other books of account. The Tribunal may also consider the explanation of the applicant in respect of the various objections raised by the assessing authority and decide the appeal afresh. In the circumstances, the order of the Tribunal is set aside. In the result, both the revisions .....

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