TMI Blog2017 (2) TMI 81X X X X Extracts X X X X X X X X Extracts X X X X ..... the facts and circumstances of the present case, and the enhancement to the tune of 28 times is not justified - revision allowed - decided in favor of assessee. - Sales/Trade Tax Revision No. 499 of 2015 - - - Dated:- 20-1-2017 - Hon'ble Ashwani Kumar Mishra,J. For the Applicant : Akhilesh Kumar Pandey For the Opposite Party : C.S.C. ORDER The authorities on the basis of a single transaction amounting to ₹ 70,000/-, as it was not reflected in the books of account, has enhanced turnover by almost 28 times of the escaped transaction. Revisionist asserts that it had already disclosed its turnover of more than ₹ 9 crores and had also paid tax upon it. It is only one transaction, which has not been acco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nist has been rejected by the Tribunal and it has imposed twenty times of the amount, but no reason has been given for imposing twenty times of the amount and even if it is in the discretion of the Tribunal to fix an amount then too some reasonable basis must be there for formation of this opinion. The decision cannot be taken on a whimsical basis. There is a vast difference between two times and twenty times. No reason at all has been given by the Tribunal in the impugned order for fixing twenty times of the amount. In the facts and circumstances of the case, the matter is remitted to the Tribunal for fresh decision on this aspect of the matter. The assessee may be given an opportunity of hearing while deciding the matter. The Tribun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Lucknow reported in 1996 UPTC 875. Sri Pandey, learned Standing Counsel for the respondent submits that against transaction disclosed in the books of account, the assessee was found transporting goods twice over on the old bill and that is why the authorities have rightly held the assessee liable for payment of tax. I have heard Sri Harshul Bhatnagar, learned counsel for the revisionist and learned Standing Counsel for the respondent. From the materials placed, this Court finds that the only basis for enhancing the turnover of the applicant is the fact that the assessee had transported goods twice on the same transaction disclosed to the department. It further appears from the record that revisionist has otherwise disclosed its tur ..... X X X X Extracts X X X X X X X X Extracts X X X X
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