1976 (3) TMI 99

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....s claim for deduction from the gross turnover on account of sales to the registered dealer to the tune of Rs. 11,249.00. On appeal by the dealer the learned Addl. Dy. CIT, Commercial Taxes (Appeals), Patna Division, Patna, not only affirmed the best judgment assessment but also enhanced the gross turnover determined by the AO to Rs. 25,30,915.56P. It is this order of the learned Addl. Dy. CIT which is the subject matter of the present revision application before us. Shri N.P. Lohia, the learned Advocate, for the applicant contended before us that the authorities below were in error in disbelieving the books of account of the dealer. He also contended that the authorities wrongly disallowed the claim for deduction on account of sales to the ....

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....artner of Badriram Hiralal, and the certificate of the President of the Sub-divisional Byapar Mandal, Buxar, the explanation may not be rejected in the absence of further materials. That there was no intention to suppress this sale is clear from the circumstances that the stock register vide page 50 shows that 101-71 quintals were delivered to Badriram Hiralal on 12th June, 1968 and the page of the stock register in which this entry occurs was singed by the Inspecting Officer on 27th June, 1968 and the genuineness of the entry is thus beyond question. It is true that there has been some unusual delay in issuing the credit memo but in the absence of any lack of malafide intention in the matter, we cannot hold that the declaration furnished i....