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TMI Blog2009 (1) TMI 820X X X X Extracts X X X X X X X X Extracts X X X X ..... uction and sale of the dealerpposite party. The dispute is only with regard to rejection of stock transfer of Indian-made foreign liquor. For the assessment year 1996-97 the assessing authority rejected the claim of stock transfer to the tune of Rs. 1,27,04,079.49. Similarly, for the assessment year 1997-98 the assessing authority rejected the claim of stock transfer with regard to Rs. 8,16,12,510. The case of the dealer was that it transferred the Indian-made foreign liquor to its depots situate in Punjab and Rajasthan. The assessing authority rejected the claim of the stock transfer on the ground that the said goods were moved outside the State of U.P. in pursuance of a prior contract with M/s. B.D.A. Ltd., Bombay. A contract was entered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e circumstances of the case, the Trade Tax Tribunal has properly utilized the material available on record?" The contention of the learned counsel for the Department is that in the survey dated September 24, 1997 conducted at M/s. Pilkhani Distillery certain incriminating materials were found. The document (exhibits 1 to 7) seized at the time of survey conducted at Pilkhani Distillery establishes that it was not a case of stock transfer as the goods were moved from manufacturing unit to Rajasthan and Punjab (outside the State of U.P.) in pursuance of the orders placed by its purchasers. He further submits that the assessing authority on making an analysis of the agreement entered into with M/s. B.D.A. Ltd. Bombay reached the conclusion aft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er of the first appellate authority would show that it has not recorded any finding on its own. It has simply noticed various contentions raised before it. Without taking into consideration the facts as mentioned in the assessment order or the case of the Department, it passed the remand order. The fact remains that the first appellate authority has not applied its mind to the respective stands of the parties. Whether the goods were moved to the depots of the dealer situate outside the State of U.P. in pursuance of the direction/order of M/s. B.D.A. Ltd., Bombay was not examined by the first appellate authority, the matter was remanded to the assessing officer instead. The Tribunal by misinterpreting and misreading the order of the first ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessing officer is based on material on record or not can very well be examined by the first appellate authority whose power is coextensive with that of the assessing authority. The relevant materials are already on the record and what inference should be drawn is the only issue which requires consideration. In the totality of the facts and circumstances of the case, the interest of justice would be subserved if the first appellate authority is asked to decide the appeals afresh in the light of the material already on record and the observations made above instead of directing the assessing authority to redo. Having noticed the facts as mentioned in the three orders of the authorities below, this court is of the opinion that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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