Contact us   Feedback   Annual Subscription   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

2016 (11) TMI 414 - ALLAHABAD HIGH COURT

2016 (11) TMI 414 - ALLAHABAD HIGH COURT - TMI - Best judgement assessment - Job-work - turnover pertaining to job-work and repairing activity - Held that: - The findings of manufacture of furniture and sales thereof is supported by concurrent findings of fact recorded by the authorities based on material on record. That apart the Assessee, in his reply to the show cause notice, has himself admitted the nature of his business activity to be manufacture, repair and job work. However, he could not .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

any inquiry from the aforesaid UCO Bank and I.T.A.T. with regard to the genuineness of repairing disclosed by the Assessee. Thus the receipt of repairing charges from the aforesaid two persons can not be doubted and the addition in the turnover on the basis of receipt of repairing from these two persons is wholly unjustified. Rest of the amount of receipts from repairs could not be proved by the Assessee. - Since the profit shown from repairing has been proved by the Assessee to the extent .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

. 435 of 2016, SALES/TRADE TAX REVISION DEFECTIVE No. 97 of 2016 - Dated:- 4-11-2016 - Hon'ble Surya Prakash Kesarwani, J. For the Applicant : Suyash Agarwal For the Opposite Party : C.S.C. ORDER Heard Sri Suyash Agarwal, learned counsel for the applicant and Sri B.K. Pandey, learned standing counsel for the respondent. The above noted revisions are admitted on the following questions of law: (i) Whether the Tribunal rightly set aside the finding of the appellate authority without assigning .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the evaded sale at ₹ 25,00,000/- and evaded purchase ₹ 15,00,000/- without setting aside the finding of the Appellate Authority and without considering Assessment order of A.Y. 2007-08 and A.Y. 2009-10. With the consent of learned counsel for the parties both the revisions are being finally heard together. Briefly stated facts of the present case are that according to the Assessee it is engaged in trading, job work and repair of furniture. During the assessment proceeding for Assess .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

oduce job work receipts, proof of payment to labourers and transportation challan etc. Certain other discrepancies were also found. The Assessing Authority did not accept the explanation of the Assessee with regard to trading, job work and repair. Consequently he made best judgment assessment determining the evaded turnover of furniture at ₹ 25 lacs and evaded purchases of ply wood, Board, mica, fevicoal and timber etc. at ₹ 15 lacs. Thus by Assessment Order dated 10.5.2012 a demand .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

14 respectively under Section 57 of the U.P. VAT Act 2008 (hereinafter referred to as "the Act"). By order dated 23.6.2016 the Second Appeal of the respondent was allowed and the appeal of the Assessee was dismissed by the Member Commercial Tax Tribunal, Bench-II, Agra. Aggrieved with aforesaid order of the Tribunal allowing the appeal of the respondent and dismissing the appeal of the Assessee, the Assessee has filed these two revisions. Learned counsel for the applicant Assessee admi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ssing Authority or the Tribunal had any doubts about the genuineness of the aforesaid repairs, it was open to them to inquire about it from both the aforesaid departments. He, further submits that determination of turnover with regard to repair and job charges is not based on any material but the same is the result of arbitrary exercises of power by the Assessing Authority. Learned standing counsel supports the impugned order of the Tribunal. I have carefully considered submission of learned cou .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ire any interference. So far as the repair is concerned, the Assesee has clearly stated and produced sufficient material before the Assessing Authority, the First Appellate Authority and the Tribunal with regard to receipt of amount on account of repairs from two agencies, namely, UCO Bank and the I.T.A.T. which comes to ₹ 9,900. The Assessing Authority has not made any inquiry from the aforesaid UCO Bank and I.T.A.T. with regard to the genuineness of repairing disclosed by the Assessee. T .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

bunal the Assessee could produce relevant documents to establish it despite pointed query made by the Assessing Officer. The gross profit rate adopted by the Tribunal to determine the evaded sales turnover of the Assessee on the basis of the profit shown by the Assessee allegedly from job work and rest of the repairs, can not be said to be arbitrary. The Tribunal has recorded its findings of fact with regard to job work in paragraph 8 of the impugned order that although in the repairing account .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ibunal has not committed any error of law in determining turnover of sales on the basis of gross profit shown by the Assessee from job work treating it to be profit from sales of furnitures. So far as the determination of unaccounted purchase of ₹ 10 lacs and ₹ 5 lacs total ₹ 15 lacs by the Assessing Authority as upheld by the Tribunal is concerned, I find substance in the submission of the learned counsel for the Assessee. It is not the case of the department that apart from t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version