2019 (1) TMI 308

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....RA DAYAL SINGH, J. 1. Heard learned counsel for the parties. 2. The present revision has been filed by the assessee for the A.Y. 2009-10 (U.P.) arising from the order of the Commercial Tax Tribunal, Bench-2, Ghaziabad dated 29.09.2018. 3. The revision has been filed with following questions of law, however, learned counsel for the applicant-assessee has pressed question no. (a) alone: ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....All facts adversed to and noted by the Tribunal were confined to the first issue namely rejection of books of accounts. Therefore, it has been submitted that there did not exist any justification for making the estimation of concealed turnover of the assessee with respect to the purchase of goods or with respect to the concealment of goods. 5. In fact, the Tribunal had itself recorded a spec....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ounsel on the other hand submits that the Tribunal had taken note of the fact that the assessee did not produce the books of accounts at the time of survey, and further the Tribunal also took note of the fact that large number of invoices has been disclosed as cancelled, which was not normal in such business circumstance. 7. Third, looking at the volume of turnover of the assessee, some enhance....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....turnover, however, no wild estimation or guess work was permissible in such a case. The fact that the assessee may not have produced it's account books, may only have given rise to rejection of it's books of accounts but not to enhanced estimation of it's turnover. 10. As for the eleven tax invoices having been found cancelled during the assessment year, they may have given rise to ....