2018 (7) TMI 234

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....e identical issue of law. The revisionist is stated to be a trader, who is indulged in the business of purchase and sale of paper and board. A special inspection branch of Commercial Tax Department has made a survey on 14.8.2013 at the business premises of the revisionist and based on the survey report the assessment proceedings under Section 28(2)(ii) of the U.P. Vat Act, 2008 were initiated and the assessment orders were passed. The assessing authority has rejected the books of accounts of the revisionist and it is relevant to mention that before rejection of books of accounts the assessing authority has issued a show cause notice and in reply thereto a detail explanation has been offered by the revisionist. Learned counsel for the ....

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.... requires consideration. The first appellate authority therefore has reduced the estimated turn over of evaded purchase and sales from Rs. 80 lac. and 1 crore to Rs. 40 lac. and 50 lac. respectively. The first appellate authority therefore, has fixed the tax liability, in addition to the admitted tax, to the tune of Rs. 4,50,000/- by his order dated 31.7.2017. Aggrieved by the order passed by the Additional Commissioner (Appeal) dated 31.7.2017 the department as well as the assessee/applicant preferred the second appeal before the Commercial Tax Tribunal, Moradabad. The appeals preferred by the department and the assessee are heard together by the learned Tribunal and by the impugned judgment dated 17.2.2018 both the appeals are decided.....