2008 (7) TMI 915

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.... connected Second Appeal Nos. 33 of 2004 and 34 of 2004 for the assessment year 1997-98 (U.P. and Central). The appellant is rice miller and was carrying on the business of manufacturing rice from paddy. In the assessment year in question, the account books of the dealer were rejected by the assessing authority and best judgment assessment orders were framed in respect of U.P. sales as well as Ce....

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....f the same the order passed by the Tribunal is justified? 3.. Whether in absence of any material on record the books of account of the applicant can legally be rejected? 4.. Whether in view of the facts and circumstances of the case, the order passed by the Tribunal is justified?   5.. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in fixing sale of ....

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....ce. The Tribunal, being the last fact finding authority, was required to apply its mind to the explanation furnished by the dealer, submits the learned counsel for the appellant. The learned standing counsel, on the other hand, supports the impugned order. Having considered the respective submissions of the learned counsel for the parties, this court is of the opinion that the Tribunal has dismis....

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....m and has not been taxed actually. As regards the difference in between the return version and the book version, some explanation was given by the dealer and it was for the Tribunal either to accept it or reject it. Without dealing with the said explanation, the Tribunal was not justified in dismissing the appeals filed by the dealer. Non-consideration of the explanation show non-application of m....