2019 (10) TMI 576

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..... DAYAL SINGH,J. 1. Present revision has been filed by the assessee against the order of the Trade Tax Tribunal, Ghaziabad dated 22.03.2006 passed in Second Appeal Nos. 299 of 2005 for A.Y. 2001-02 (UP) filed by the assessee and 352 of 2005 for A.Y. 2001-02 (UP) filed by the revenue. By that common order, the Tribunal has dismissed the appeal filed by the assessee and allowed the appeal filed by t .....

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..... Rs. 3,68,400/-. 3. Further, it is an admitted case between the parties that the aforesaid dispatch of goods was made by the seller at Punjab against duly filled up import declaration form of the assessee. According to the assessee, disputes arose between the parties resulting in the assessee returning the goods to the sellers before they came to be unloaded at its business premises at Ghaziabad. .....

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..... e that any payment had been made by the assessee to the selling dealer and there is no direct evidence of those goods having been dealt with or sold by the assessee. 6. While the assessing officer rejected the claim set up by the assessee, the first appeal authority allowed the appeal in part and accepted the claim raised by the assessee with respect to transactions performed with M/S Khurmi Ente .....

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..... set up by the assessee was not genuine, however, suspicion howsoever strong can never itself lead to creation of tax liability. For creation of tax liability, the taxable event must be established by the revenue authorities. 10. In the facts of the present case, once the assessee set up a specific plea of having never received the goods in its stock and having returned the same from its factory p .....

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..... g of fact of actual purchase and sale of goods. It is not for the revenue authorities to reach a conclusion as to existence of tax liability by speculating the manner in which a trader ought to have conducted himself. Such speculations may only give rise to suspicions but not to findings as to existence of a tax liability. For that finding to arise, there must be found existing evidence on record .....

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