9911796707
TMI Blog2011 (8) TMI 1019X X X X Extracts X X X X X X X X Extracts X X X X ..... B.K. Pandey, learned counsel for the Department and Sri Krishna Agarwal, learned counsel for the assessee. This trade tax revision filed by the Department is directed against the order of the Trade Tax Tribunal dated October 5, 2003 passed in Second Appeal Nos. 91 of 2002 and 92 of 2002 (assessment year 1998-99) whereby the Tribunal has reduced the best judgment assessment turnover in respect of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ade for the entire year having due regard to the total quantity, which has not been disclosed in the account book for the period between April 1, 1998 to the date of surprise raid, i.e., June 28, 1998. Reference has also been made to the judgment of this court in the case of Jai Ambey Trading Company v. Commissioner of Sales Tax reported in [2003] UPTC 1276, wherein in paragraph 8 this court has h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f seizure made on May 13, 1985 cannot be said to be arbitrary. The revision lacks merit and it is dismissed as such." Similarly in respect of paddy husk, the Tribunal has recorded that since there is a certificate of G.B. Pant Agriculture and Technology University, Pantnagar, it has to be held that the paddy husk was exempted from tax as no viability of oil being abstracted from paddy husk and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... surprise raid of the premises of the assessee was carried out on June 23, 1998, uncounted transactions were found. Therefore, best judgment assessment was resorted to. The Tribunal has reduced the best judgment assessment turnover as arrived at by the first appellate authority only on mere presumption without taking note of the fact that the turnover for the remaining part of the assessment year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he paddy husk is de-oiled and therefore, the Tribunal is not justified in treating the same as exempt from tax on that ground. In view of the aforesaid, the finding of the Tribunal in that respect is also unsustainable in the eyes of law. The order of the Tribunal dated October 5, 2003 is hereby set aside. The second appeal Nos. 91 of 2002 and 92 of 2002 (assessment year 1998-99) are restored to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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