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2006 (8) TMI 578
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....after referred to as, "the Act") are directed against the order of Tribunal dated February 4, 1999 relating to the assessment year 1991-92 both under the U.P. Trade Tax Act. Revision No. 213 of 1999 is filed by the applicant and Revision No. 1067 of 1999 is filed by the Commissioner of Trade Tax. The applicant was carrying on the business of manufacture and sale of deshi ghee and skimmed mil....
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.... February 14, 1991 to March 1, 1991 suppression of production of deshi ghee to the extent of 2,736.53 kg., per day was detected. The assessing authority estimated the suppressed production for 114 days. The Tribunal, however, estimated the production taking the period for 75 days and average production for 1,500 kg. per day. Order of the Tribunal has been upheld by this court in Revision No. 858 o....
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....icant, it was treated as the concealed production of deshi ghee and milk powder. It has been further submitted that as against the suppression found for 17 days, concealed production for 75 days, was estimated by way of best judgment assessment. He submitted that the penalty sustained by the Tribunal is unjustified and in any view of the matter, levy of penalty at 100 per cent is excessive and arb....