2008 (8) TMI 833 - HC - VAT and Sales Tax

Court Upholds Dismissal of Second Appeals on Trade Tax Assessment Orders for Non-Compliance

The Court upheld the Trade Tax Tribunal's decision to dismiss three second appeals challenging best judgment assessment orders for the years 1987-88, ... - Issues:Challenging best judgment assessment order for three assessment years due to rejection of account books by authorities.Analysis:The revisions were filed against a common order by the Trade Tax Tribunal dismissing three second appeals for the assessment years 1987-88, 1988-89, and 1989-90. The applicant, a registered dealer under the U.P. Trade Tax Act, imported cement taxable at the point of sale in the relevant years. The authorities rejected the dealer's account books and conducted best judgment assessments. The applicant argued that as cement was a controlled commodity, it was not possible to sell it outside the account books. The Department contended that the dealer failed to produce relevant records for verification, justifying the best judgment assessment.The Court noted that a licensee under the U.P. Cement Control Order must maintain statutory records. Despite opportunities, the dealer failed to produce the required records for verification. In one instance, the dealer promised to submit a verified stock register but failed to do so later, claiming the original was lost and producing a duplicate without explanation. Additionally, other essential documents like purchase vouchers were not provided. As the dealer did not comply with record-keeping requirements, the argument that selling cement outside accounts was not feasible due to control regulations was rejected. The authorities' findings were based on factual analysis of the evidence, and the Tribunal's decision was upheld.Referring to legal precedents, the Court highlighted its limited jurisdiction under the U.P. Trade Tax Act, restricted to legal questions. Considering the lack of merit in the revision, the Court dismissed it without imposing costs.