2018 (7) TMI 1266

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....f the Trade Tax Tribunal dated 24.03.2018 and the issue involved in both the revisions are similar in nature, therefore, the same are decided by the common order. The facts of the case are that the revisionist is engaged in purchase and sale of food grains, pulses and oil seeds. A survey was conducted at the business place of the revisionist as well as two other business places by the Special Investigation Branch (SIB) of Commercial Tax Department on 24.04.2014 and at the time of survey five loose parchas were recovered at the business place of revisionist. Based on the aforesaid survey, a report is submitted by the SIB and the assessing authority of the revisionist has proceeded to pass the assessment order by considering the loose parcha....

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....02/- while sustaining the disputed tax liability by Rs. 3,51,083/-. The submission of learned counsel for the revisionist is that though the survey was conducted at the business premises of the revisionist on 24.04.2014 by the SIB but so far as the loose parchas recovered from the business place of the revisionist are concerned, they do not belong to the revisionist. Learned counsel has further submitted that since the assessment and rejection of books of account is based solely on the ground of survey and recovery of five loose papers and the enhancement of tax liability is made only on the basis of aforesaid survey, therefore, the order of estimate and enhancement of tax is bad in law. Learned counsel for the revisionist has submitted t....

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....s of purchase, vehicle numbers, quantity, value and the name of persons etc. The parcha numbers did not describe the invoice number as well as the book number, therefore, it cannot be tallied with the books found at the time of survey at the business premises of the revisionist. Only stock register showing the entries at page no.1 and details of 6R dated 05.04.2014 are found. No other details in between 05.04.2014 to 24.04.2014 are found, which is the date of survey. No other books of accounts were produced at the time of survey. The revisionist was asked to produce the reckoner khata, purchase invoice, other books of account but the same are not produced during whole day of the survey proceedings held on 24.04.2014. With regard to parcha ....