TMI Blog2011 (8) TMI 1019X X X X Extracts X X X X X X X X Extracts X X X X ..... ally sustained. It is hereby quashed. - Sales/Trade Tax Revision No. 1550 of 2003 - - - Dated:- 2-8-2011 - ARUN TANDON J. B.K. Pandey, C.S C., for the petitioner Krishna Agarwal and R.R. Kapoor for the respondent JUDGMENT Heard Sri 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 foodgrains from ₹ 50 lacs to ₹ 35 lacs and similarly in respect of Khali, it has b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Tribunal has determined the turnover on relevant material or not. From the perusal of the impugned order it is clear that the Tribunal has found that the applicant had dispatched 61 trucks of wheat which was not recorded in the books of accounts during short span of one and half months. This itself goes to show that the assessee was carrying on business on large-scale. Thus, the determination of turnover on the basis of 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 exe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essment turnover cannot be legally sustained. It is hereby quashed. Let the Tribunal re-determine the best judgment assessment turnover in light of the observations made above and in light of the judgment of this court in the case of Jai Ambey Trading Company [2003] UPTC 1276. Similarly this court finds that the Tribunal is not justified in treating the paddy husk as de-oiled only on the basis of certificate issued by the University, with reference to financial viability of oil being abstracted from paddy husk. The cost factor cannot be the determining factor for holding that the 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 findin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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