2007 (9) TMI 548

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..... cted against the order of the Tribunal dated January 14, 2004 for the assessment year 1998-99. The applicant was running a restaurant for the supply of foodstuff, ice cream, cold drinks and other eatables and claimed to have maintained books of account in respect of the purchases and sales and disclosed the taxable turnover at Rs. 23,55,309.44. The assessing authority after rejecting the books o .....

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..... ven any reason for estimating the taxable turnover. He submitted that in the previous years and subsequent year the turnover has been accepted which has not been considered while estimating the turnover. Therefore, the order of the Tribunal is not justified. Learned Standing Counsel submitted that the maintenance of manufacturing account under section 12(2) of the Act has been held mandatory and i .....

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..... v. Girja Shanker Awanish Kumar [1997] 104 STC 130; [1997] UPTC 213 in which it has been held that non-maintenance of manufacturing account is not a technical irregularity and non-maintenance of the manufacturing account leads to the rejection of books of account and the turnover has to be estimated by way of best judgment assessment. In this view of the matter, I do not find any error in the order .....

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