2019 (7) TMI 192

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....001 to 30.09.2001. According to the assessee, the brick kiln had run for 18 days only, during that period, being 01.04.2001 to 08.04.2001 and 01.05.2001 to 10.05.2001. Taxable turnover was disclosed at Rs. 63,800/-. The said contention of the assessee was disbelieved by the Assessing Officer, relying on two survey reports dated 28.03.2001 and 06.05.2001. No books of account of the assessee were found during those survey. The same were rejected and a best judgment assessment followed. The Assessing Officer was of the opinion that the assessee must have run the brick kiln for 91 days. Accordingly, applying the selling rate of Rs. 1,250/- per thousand bricks, he estimated the total taxable turnover at Rs. 20,53,750/-. Commensurate to that prod....

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....he Assessing Officer to Rs. 1,160/-. Consequently, he determined the tax liability on the assessee at Rs. 1,45,568/-. 5. Against the aforesaid order dated 03.09.2004, the assessee as well as the revenue went in appeal before the Tribunal. While the assessee's appeal was dismissed, in the revenue's appeal, the Tribunal has enhanced the selling rate from Rs. 1,160/- estimated by the first appellate authority, to Rs. 1,210/-. 6. Learned counsel for the assessee would submit, in the first place, there was no ill intent on part of the assessee with respect to the deficiency noted with respect to the books of account. The assessee had been admitted to the benefits of compounding for the periods immediately preceding and following the di....

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.... outside and inside the brick kiln and substantial quantities of coal were found in stock. Even otherwise, keeping in mind, the general tendencies in the industry, it has been submitted that normally the brick kiln would run till the onset of monsoon, i.e. around 15 June, 2001. In absence of any other evidence being led by the assessee, the Tribunal has not erred in estimating the firing period at 56 days. As to the selling rate, it has been submitted that there is no material or evidence to rely to make any concession or deduction in that regard and therefore again the Tribunal has made a fair estimate. 8. Having heard learned counsel for the parties and having perused the record, in the first place, the conclusion drawn by the authoritie....