2019 (5) TMI 1222

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....imited company under the provision of Indian Companies Act, 1956. The applicant company engaged in the business of running of restaurant and a bar. The business premisses of the applicant was surveyed by S.I.B. Unit on 19.10.2005. During the course of survey the surveying team has found certain entries made by the applicant company in the personal diary which has been maintained by the hotel manager. Apart from the personal diary, which was recovered 20 loose papers were also found by the survey team. Based on the material recovered by the survey team the assessing authority has proceeded and has passed the assessment order dated 30.03.2007 by which the books of account are rejected as well as the declared turnover. The assessing auth....

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....urvey conducted on 19.10.2005 claiming that the same were not produced by the applicant before the assessing authority. Learned counsel for the applicant has also submits that the other records allegedly maintained by the applicant were also produced at the time of first appellate proceeding. A report was called by the Joint Commissioner (Appeals) which has been produced by the assessing authority. Since the original order passed by the assessing authority dated 30.03.2007 merged with the re-assessment order dated 18.08.2007, hence the appellate authority has proceeded to decide the appeal filed by the applicant treating the first appeal no. 469 of 2007 as infructuous. Before the fist appellate authority the disputed amount of tax was c....

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....by the authorities below and the order impugned passed by the Tribunal. The applicant runs a restaurant, which includes the bar. At the time of survey dated 19.10.2005 a diary was recovered from the possession of the manager of the restaurant/hotel. In the diary certain details were found indicating therein that the same are being mentioned / retained as estimate the survey party and the assessing authority treated the said diary recovered from the manager as an order book and day book. From the perusal of the orders and the order of the Tribunal, it is cleared that the said manager had resigned from the applicants firm and based on the said theory the applicant has stated before the authorities below that the applicant could not produce ....