2012 (11) TMI 1063

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....g the assessment year under consideration, the assessee was engaged in the trading of foodgrains items. A survey was conducted at the business premises of the assessee on April 25, 1998 and January 14, 1999. During the survey, various discrepancies were found. So, the assessing officer has rejected the books of accounts and made the addition on estimate basis. In the first appeal, the first appellate authority, has given the partial relief to the assessee on the basis of the estimation and the Tribunal has endorsed the same. Not being satisfied, the assessee has filed the present revision. 3. With this background, Sri M. M. Dewan, learned counsel for the revisionist, submits that on the basis of survey, addition was wrongly made. For thi....

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.... 4. He also relied on the ratio laid down in the case of Eastern Tube Co. Gopiganj, Varanasi v. Commissioner of Sales Tax, U. P. [1980] UPTC 575, where it was observed that:-     "As far the non-production of the account books at the time of survey that also cannot constitute a ground for rejection of the accounts. In Paramount Trading Corporation v. Commissioner of Sales Tax [1976] 38 STC 389 (All) ; [1976] UPTC 245 at the time of survey the account books were not shown by the assessee. The Assistant Sales Tax Officer accepted the book version but made an addition on the ground that the assessee had failed to show his books. On reference, the view taken by a Division Bench of this court was that the mere feet that the ....

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....s mentioned in the assessing officer order. So, the assessing officer was right in rejecting the books of account. There was no other option available before assessing officer except to make the addition on estimate basis. The first appellate authority has again examined the books of accounts and made the addition on estimate basis by giving the partial relief to the assessee. The Tribunal has upheld the same. 8. Needless to mention that estimation is a question of fact as per the ratio laid down in the case of Commissioner of Customs (Import) v. Stoneman Marble Industries [2011] 6 GSTR 571 (SC) ; [2011] 2 SCC 758. Similar views were expressed by this honourable High Court in the following cases:-     (1) TTR No. 139 of....