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2016 (11) TMI 82 - ALLAHABAD HIGH COURT

2016 (11) TMI 82 - ALLAHABAD HIGH COURT - TMI - Rejection of books of accounts - best judgment assessment - non-production of books on inspection - suppression of facts - escaped and undisclosed turnover - whether a failure on the part of the assessee to produce the books of accounts during the course of survey as well as whether the same can form a valid ground for rejection of books? - Held that: - a failure on the part of the assessee to produce the relevant books of accounts can validly form .....

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t : Aloke Kumar For the Opposite Party : C.S.C. ORDER Heard Sri Aloke Kumar, learned counsel appearing for the revisionist and Sri B.K. Pandey, learned standing counsel who has appeared for the State respondents. This revision is directed against an order of the Tribunal dated 18 February 2005, which has proceeded to affirm the action of the assessing authority in rejecting the books of accounts as maintained by the revisionist and proceeding to undertake a best judgment assessment. The rejectio .....

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s books of accounts. Treating the failure on the part of the assessee to produce the relevant books at the time of survey as adverse and fatal as well as based upon the material which was gathered during the course of inspection, the assessing authority proceeded to assess the escaped and undisclosed turnover and held the revisionist liable to additional tax of ₹ 57,472.50. Against the order of the assessing authority, the revisionist preferred an appeal and the Deputy Commissioner (Appeal .....

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learned counsel for the revisionist has contended that the sole basis for the rejection of the books of accounts as maintained by the revisionist was the fact that the relevant records could not be produced on the date of inspection. He submits that while on the first occasion a clerk was not present in the premises on the second occasion when the inspection was undertaken no responsible person connected with its business was present. It is his submission that this fact could not have formed th .....

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in Commissioner of Sales Tax Vs. Mohan Brick Field, Agra 2007 U.P.T.C. - 1 and submits that failure on the part of the assessee to produce the books of accounts at the time of survey is a factor which can be duly taken into consideration by the assessing authority to reject the books of accounts and proceed to undertake a best judgment assessment. Sri Pandey further contends that the orders passed by the assessing authority were not based solely upon this factor alone. He has placed reliance up .....

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ly considered by the Supreme Court in Mohan Brick Fields, which had with reference to the U.P. Trade Tax Act 1948, laid down the following principles:- "12. The expression "place of business" is defined in Section 2(c)(1). The definition is an inclusive one and includes any place where a dealer keeps his books of accounts. That being so, non-production of the books of accounts at the time of survey is a factor which can be taken into consideration by the Assessing officer while ex .....

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