1987 (7) TMI 540

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....is illegal?"   2. The material facts giving rise to this reference, briefly, are as follows: The assessee deals in motor parts, fuel ejection pumps, etc., at Indore and is assessed to tax as a dealer under the Act. For the period from 1st April, 1970 to 31st March, 1971, the assessee disclosed in its return gross turnover at Rs. 3,73,969. The report of the investigation by the Flying Squad revealed that the Manager of the assessee-firm had furnished some papers and diaries, which disclosed transactions, which had not been entered into the account books of the assessee. The assessing authority, however, came to the conclusion that there was no definite evidence that the business transactions revealed in papers seized from the Mana....

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.... total turnover of the assessee. Partly aggrieved by that order, the assessee preferred an appeal before the Board of Revenue. The learned President of the Board held that the proper course in the case would be to consider the transactions noted in the diaries or in the loose papers found in the possession of the former employee of the assessee in detail and only that transaction, which appeared to be bogus in the light of the evidence available, should be excluded from consideration. The Board, therefore, set aside the order passed by the first appellate authority and remanded the case to the assessing authority to pass an order afresh. Aggrieved by that order, the assessee sought reference but as the application filed by the assessee in t....