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TMI Blog2019 (1) TMI 308X X X X Extracts X X X X X X X X Extracts X X X X ..... nsel for the parties. 2. The present revision has been filed by the assessee for the A.Y. 2009-10 (U.P.) arising from the order of the Commercial Tax Tribunal, Bench-2, Ghaziabad dated 29.09.2018. 3. The revision has been filed with following questions of law, however, learned counsel for the applicant-assessee has pressed question no. (a) alone: "a) Whether, the Tribunal is not justified in u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... first issue namely rejection of books of accounts. Therefore, it has been submitted that there did not exist any justification for making the estimation of concealed turnover of the assessee with respect to the purchase of goods or with respect to the concealment of goods. 5. In fact, the Tribunal had itself recorded a specific finding that there did not exist any credible material or evidence i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct that the assessee did not produce the books of accounts at the time of survey, and further the Tribunal also took note of the fact that large number of invoices has been disclosed as cancelled, which was not normal in such business circumstance. 7. Third, looking at the volume of turnover of the assessee, some enhancement was warranted upon rejection of books of accounts. On such reasoning, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. The fact that the assessee may not have produced it's account books, may only have given rise to rejection of it's books of accounts but not to enhanced estimation of it's turnover. 10. As for the eleven tax invoices having been found cancelled during the assessment year, they may have given rise to a suspicion to the assessing authority to examine the matter both with respect to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate the enhanced/concealed turnover is, therefore, clearly selfcontradicted and cannot be sustained. The conclusion drawn by the Tribunal is in the teeth of it's own reasoning. 13. Once the Tribunal had found that there was no material or basis for making the estimation of enhanced turnover, if one may add, the Tribunal should not have felt shy of granting full relief to the assessee. 14. In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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