2007 (1) TMI 531

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.... as "the Act") is directed against the order of the Tribunal dated May 30, 2000 relating to the assessment year 1997-98 under the U.P. Trade Tax Act. The applicant was carrying on the business of manufacture and sales of sandal wood oil and perfumery. The assessing authority had rejected the books of account mainly on account of non-maintenance of manufacturing account under section 12(2) of th....

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....f manufacturing account under section 12(2) of the Act, and difference in the stock found at the time of survey. He submitted that both under the U.P. Trade Tax Act, 1948 as well as under the Central Sales Tax Act, 1956 Rs. 20 lacs were estimated towards the suppressed sales. He submitted that the Trade Tax Revision No. 877 of 2000 filed against the order under the Central Sales Tax Act, 1956 has ....

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....n under the Central Sales Tax Act, 1956, has not considered the decision of apex court in the case of Commissioner of Sales Tax, U.P. v. Girja Shanker Awanish Kumar [1997] 104 STC 130; [1997] UPTC 213, therefore, no reliance can be placed on the said decision. Having heard learned counsel for the parties and perused the order of Tribunal and the authorities below. The apex court in the case ....

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....rade Tax Revision No. 877 of 2000 under the Central Sales Tax Act, because in the said case, the decision of the apex court in the case of Commissioner of Sales Tax, U.P. v. Girja Shanker Awanish Kumar [1997] 104 STC 130; [1997] UPTC 213 has not been considered, inasmuch as, there was a difference in the stock found at the time of survey. However, the Tribunal has not given any basis for estimatin....