2003 (8) TMI 526

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....e accounts and return submitted by the assessee were rejected and the turnover was estimated. Based on the stock variation and other discrepancies found out in the inspection conducted on January 1, 1989 the assessing authority estimated the taxable turnover at Rs. 26,03,515. This amount is arrived at inter alia by making an addition of a turnover of Rs. 12,10,446. The first appellate authority no....

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.... to the above extent as against Rs. 12,10,446 made by the assessing authority. Aggrieved by the order of the first appellate authority the assessee and the State filed appeals before the Tribunal. The appeal filed by the assessee was dismissed and the appeal filed by the State was allowed with regard to this addition and restored the order of the assessing authority in the matter.   Thi....

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....d therefore, the Tribunal was not justified in taking the view that unaccounted sales relates to different commodity, namely timber. In short, counsel submits that jungle wood is also timber and the very basis for interfering with the order of the appellate authority goes. Learned Government Pleader appearing for the respondent, on the other hand, submits that the Tribunal had verified the asse....

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.... different commodity. However, it is a matter to be considered by the Tribunal as to whether jungle wood referred to in the appellate order is timber or only worthless wood. In these circumstances we set aside the order of the Tribunal with regard to the restoration of the addition made by the assessing authority by interfering with the order of the first appellate authority. We direct the Tribuna....