1987 (5) TMI 360

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...., 1959 (hereinafter to be referred to as the Act). The question referred to us is stated below: "Whether, on the facts and in the circumstances of the case, the enhancement of the gross turnover by Rs. 1,50,000 was arbitrary, perverse and without material?" 2.. The sales tax authorities added Rs. 1,50,000 to the gross turnover returned by the assessee. The facts are that the business premise....

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....se. It would be relevant to quote some portions of the report which reads as follows: "Also seen and signed one loose sheet of paper containing sale of two bags of makai and one bag of gram (chana) in the name of M/s. Jagarnath Shyam Sunder of Chanan. The dealer stated that dealer of Chanan had come to make purchase and truck No. BRJ 834 standing in front of the gaddi was to carry the goods to ....

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.... section 33(1) of the Act but that also was rejected. The assessee then moved this Court for calling for a reference. The High Court called for the reference of the question referred to above. Hence the question referred to us for our opinion. 4.. The substance of the question referred to us is whether there was any material to support the enhancement. 5.. Having heard learned counsel for th....

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....suance of cash memo at the time when Mr. Varma visited the premises cannot be indication of any clandestine dealings. The entire enhancement is based upon the finding of purza. In our view, that was no material specially when Mr. Varma did not doubt the correctness of the stand of the assessee. In our view, therefore, finding of purza was no material for the enhancement. There was no other mate....