TMI Blog2018 (7) TMI 234X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellate authority and accordingly, the order of the Tribunal is modified. Revision allowed in part. - Sales/Trade Tax Revision No. 170, 171 of 2018 - - - Dated:- 4-7-2018 - Hon'ble Ashok Kumar, J. For the Applicant : Murari Mohan Rai, Lokesh Mittal For the Opposite Party : C.S.C. ORDER These revisions are directed against the order of Tribunal dated 17.2.2018. Heard Sri M.M. Rai, learned counsel for the revisionist and Sri B.K. Pandey, learned standing counsel for the opposite party. These revisions, with the consent of the parties, have been taken up together for disposal since they raise identical issue of law. The revisionist is stated to be a trader, who is indulged in the business of purchase and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he first appellate authority has upheld the rejection of books of account which was based on adverse material found during the course of survey conducted by the S.I.B., however, after consideration of certain facts the first appellate authority arrived at the conclusion that the estimate made by the assessing authority is highly excessive as the survey was conducted in August 2013 and the estimate of evaded turnover (evaded turn over of evaded purchase and sale so as determined by the assessing authority) is excessive and, therefore, the first appellate authority after detailed discussion arrived at the conclusion that the estimate of turnover requires consideration. The first appellate authority therefore has reduced the estimated turn ove ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are related to 14 tax invoice of which the carbon copies are found different than those other bound tax invoices. The first appellate authority has recorded a categorical finding in this regard and after considering the nature and size of the business, which has been disclosed by the assessee/applicant, he has arrived to the conclusion that from the aforesaid 14 tax invoices the total sales not disclosed comes to ₹ 15,48,952/-. Considering the aforesaid figure the first appellate authority has categorically recorded finding of fact that the revisionist has evaded the purchase and sale of his transaction and has evaded the payment of tax and he has further considered that since the survey was conducted in the month of August 2013, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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