1996 (4) TMI 505

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....applicant and Sri B. K. Pandey, learned Standing Counsel for the respondent and examined the impugned judgment. The applicant is a partnership firm carrying on business of purchase and sale of Kirana, Oil Seeds, Mehndi etc. The assessee has submitted his return for the assessment year 1981-82 disclosing a turnover of Rs. 10,11,470/ and submitted the accounts books etc. The Assessing Authority rejected the accounts books for the reason that the goods worth Rs. 46,477.47 were seized on 6 - 10 - 1981 by Sales Tax Officer, Mohannagar, Checkpost. On the basis of surveys made on 10-7-1981 and 24-9-1981, he, therefore, made best judgment assessment of enhanced taxable turnover of Rs. 29,00,000/-. The assessee filed the first appeal before the A....

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.... of enhancing the taxable turnover. In the light of the submissions made by the learned Counsel for the parties, I find on perusal of the impugned judgment that the accounts books submitted by the assessee did not suffer from any wrong or false entry and were complete in all respects. The account books maintained by the assessee were also not found either defective or incomplete. The Surveys dated 10-7-1981 and 24-9-1981 did not disclose any adverse material against the assessee or contrary to the entries in the accounts books maintained by the assessee for the assessment year 1981-82. The Appellate Authority rightly accepted this explanation relating to the two surveys. The learned Tribunal has not upheld this finding of fact recorded b....

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....goods were wrongly sent by the transporter with the truck carrying the taxable goods. In fact, the clearance of exempted goods subsequently could not be objected to. The view of the Tribunal is, therefore, erroneous on facts and law both. Sri Bharat Ji Agarwal, has secondly contended that the learned Tribunal appears to have multiplied by about 10 times the value of the goods seized on 6-10-1981 at the Mohannagar Checkpost for the purpose of including this amount in the taxable turnover. This approach of the learned Tribunal is neither justified by any practice based on any circular of Commissioner of Sales Tax nor by any rules. In fact, the Tribunal has not given any particular criteria or the basis to fix up the additional taxable t....