2003 (7) TMI 680

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.... Tax Tribunal in three connected appeals Nos. 304 of 1992 (assessment year 1984-85), 305 of 1992 (Assessment year 1985-86) and 306 of 1992 (assessment year 1986-87). The applicant is a dealer of timber. For the assessment year 1984-85 original assessment order was passed on November 7, 1988. The account books were rejected and the gross turnover was fixed at Rs. 58,562 and the taxable turnover ....

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....ven by the assessee that although the aforesaid forms XXXI were issued but the delivery of goods was taken in the assessment year 1986-87 and therefore there was no material to show that the turnover of the dealer has escaped the assessment for the assessment years 1984-85 and 1985-86. This contention was not accepted by the assessing officer. Indisputably the applicant belongs to Sikh communit....

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....rted timber through form XXXI dated January 30, 1985 amounting to Rs. 17,160. Timber is taxable at the point of importer or sale by the forest department. In the original assessment proceeding the dealer disclosed net taxable sale as nil. Against this in the original assessment proceeding the turnover was fixed at Rs. 39,000 by the order dated November 7, 1988. The necessary corollary is that the ....

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....orms XXXI obtained by him from the department either have been lost or they have been burnt down in the riot. It is also mentioned in the assessment order that the applicant is dealing in import of timber. Taking into consideration all these facts in the original assessment order, in the absence of account books the turnover of imported timber was fixed at Rs. 30,000. Taking into consideration ....