1987 (2) TMI 513

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....This is a revision for the assessment year 1979-80 against the Tribunal's order dated 26-6-1986 by the assessee carrying on business in coal, inter alia. 2. The assessee procures coal from Bina Colliery and carries on business at Ahraura. A survey took place on 17-3-1980 and then a diary was seized. From the seized material it was discovered that the coal was being sold by the dealer at the....

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....Commissioner (Judicial), however, took the view that the average selling rate per truck as disclosed by the assessee was Rs. 2400/- and the rate applied by the Assessing Officer at Rs. 3500/- per truck, was not excessive. He therefore, affirmed the estimate of 176 trucks of coal at the rate of Rs. 3500/- each. 3. On further appeal, the Tribunal reduced the estimated rate of Rs. 3500/ to Rs. 320....

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....orities, then the Department could have made further enquiry from the parties, in whose name cash memos were issued by the dealer and actual selling rate would have been determined thereafter. No such enquiry was made from the purchasers. Therefore, the rate mentioned in the cash memos cannot be doubted. The Assistant Commissioner (Judicial) was, therefore, not justified in affirming the estimate ....