TaxTMI 
TaxTMI 
2014 (3) TMI 807
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....of Persons (AOP) and is carrying on the business of Indian Made Country Liquor (IMCL) under Rule 67(1) and 67(K-K) of the Rajasthan Excise Rules, 1956 and retail sale of Beer and Indian Made Foreign Liquor (IMFL) under Rule 3A of the Rajasthan Foreign Liquor (Grant of Wholesale and Retail-off sale Licences) Rules, 1982 under exclusive privilege system. The assessee was awarded contract for Khandar group of shops in the district of Sawai Madhopur and was required to lift following quantity of liquor equal to the following contracted amount:- No. Kind of Liquor Minimum Guarantee Amount i Country Liquor Rs. 5180000/- ii IMFL Rs. 1150000/- iii Beer Rs. 405000/- Total Rs. 6735000/- ....
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....e concerned, it was admitted by the assessee that sale bills have not been issued at all on the plea that a customer never likes to disclose his identity in the assessee's business and every one is in a hurry and wants to hide his face and, therefore, neither the sale vouchers were demanded nor issued and further the quantity and price of sale of Pouch/Bottle was so little that it was not feasible to maintain the sale vouchers. 5. However, the assessee submitted that the sale version is true and correct and is the actual sale consideration realized by it. The assessee contended before the Assessing Officer that when purchases are vouched in detail and verifiable and sale is out of the said very purchases, therefore, it will not make ....
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....n was filed by the assessee; while revenue challenged deletion of the amount, the assessee challenged the sustenance of the amount. However, the ITAT being not satisfied with the order of the CIT(A), directed that the matter be restored back to the Assessing Officer for re-deciding the issue. 12. In the fresh inning, the Assessing Officer again required the assessee to justify the book results and so also justify the claim of expenses and again repeated the addition of Rs. 1285500/- in the country liquor account so also Rs. 4,07,000/- in IMFL and Beer account. The matter again travelled to CIT(A), who again partially allowed relief to the assessee and after analysing the provisions and facts and comparing the cases of other similarly sit....
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....ses have been found to be admittedly verifiable as the same had been purchased by the assessee through permit or government agencies and only because the assessee was unable to issue sale vouchers, the book results could not have been rejected so also merely because of this no trading addition could have been made. He would contend that results are fair and reasonable and no basis has been adopted by the Tribunal. Therefore substantial question of law arises out of the order of the Tribunal and needs consideration of this Court. 17. Per contra, Mrs. Parinitoo Jain, learned counsel for the revenue contended that not only the Tribunal but the CIT(A) also after elaborate discussion have upheld the part of the trading addition and she conten....
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....by giving almost more than 50% relief on the trading addition made. Thus, the appeal deserves to be dismissed. 18. We have considered the arguments advanced by the learned counsel for the parties as also perused the impugned orders and in our view when the sale vouchers have not been maintained or issued then certainly provisions of Section 145(3) can be invoked by the Revenue. The assessee cannot contend that when all other things are fully proved and only because sale vouchers are lacking then book results cannot be rejected. Thus, in our view, the authorities have rightly rejected the trading results by invoking the provisions of Section 145(3) of the Act. Now, when the trading results have been rejected, books of accounts have been r....