1989 (5) TMI 304

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....ied that there is no ground to interfere in this revision. The assessee's tax was assessed by the assessing authority to the best of his judgment made by him and several reasons were given by the assessing authority for taking this action. However, the assessee's appeal to the Deputy Commissioner (Appeals) succeeded and the Deputy Commissioner (Appeals) after considering all the reasons which weighed with the assessing authority came to the conclusion that there was no reasonable basis for resorting to this mode of assessment. However, the Deputy Commissioner (Appeals) upheld the assessing authority's conclusion that in respect of the tax liability found due the tax was payable at the rate of 12 per cent instead of 10 per cent and, there....

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....stock register is by itself sufficient to reject the account books and make a best judgment assessment. In my opinion, such a wide proposition is not reasonable to accept. The reason is obvious. The provisions require maintenance of account books in a manner which would indicate the quantity of the raw material purchased and its quantity utilised in manufacture of the goods by the assessee and the manner in which the utilisation was made when the raw material has been purchased indicating that the same was purchased for manufacture of specified goods. This, however, does not mean that such a fact can be known or verified only from a stock register and not by other account books maintained by the assessee. It is a question of fact in each....

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....ified in further revision by this Court. The cases cited are those in which the Tribunal has disturbed the finding of fact in revision and reversed the finding recorded by the final departmental authority.   Learned counsel then contended that production of the stock register is necessary at least to provide corroborative material even if its nonmaintenance by itself is not a fatal defect. This aspect is covered by the earlier discussion. Admittedly, corroborative material is required only to strengthen the probative value of the substantive material which has been produced. The finding of fact in this case is in favour of the assessee even without that corroborative material. It is not a case where the stock register though maintai....