TMI Blog2007 (1) TMI 539X X X X Extracts X X X X X X X X Extracts X X X X ..... unt and estimated the taxable turnover at Rs. 2,50,00,000. The applicant filed appeal before the Deputy Commissioner (Appeals), Trade Tax, Kanpur, which was allowed in part. The Deputy Commissioner (Appeals), Trade Tax, Kanpur vide order dated June 2, 1988 upheld the rejection of the books of account but estimated the taxable turnover at Rs. 2,31,50,000. Being aggrieved by the order of the Deputy Commissioner (Appeals), Trade Tax, Kanpur, the applicant as well as the Commissioner of Trade Tax filed appeals before the Tribunal. The Tribunal, by the impugned order, dismissed the appeal of the applicant and has allowed the appeal of the Commissioner of Trade Tax. The Tribunal has restored the order of the assessing authority. The Tribunal h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty was justified. Head learned counsel for the parties. Learned counsel for the applicant submitted that in the assessment years 1981-82 and 1982-83 disclosed turnover at Rs. 19,13,477.52 and Rs. 87,85,884.22, respectively, were accepted, while in this year progressive turnover has been disclosed. He submitted that at the time of survey no defect was found in the books of account. He submitted that the total value of the goods checked at the time of road checking on December 9, 1983 was only Rs. 21,500 and looking at the aforesaid amount enhancement made by the first appellate authority was reasonable and the Tribunal has illegally restored the enhancement made by the assessing authority which was about Rs. 23 lacs. Learned Standin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aheshwari, factory manager was present. He admitted that the said challan No. 630 dated December 9, 1983 was not issued from the regular challan book and in respect of such goods, gate passes and bills were also not issued. Regular challan book was also perused which was found issued up to challan No. 627. Copy of the challan Nos. 628 and 629 were not available. It was explained that in hurry, challan on loose paper was prepared and the gate pass was not issued. Books of account was found written up to December 6, 1983 and the cash balance was Rs. 89,915.35, while on counting a sum of Rs. 10,920 was found. No proper explanation was furnished with regard to non-completion of books of account and the excess cash. No explanation with regard to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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