2019 (8) TMI 1165

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....ppeal No. 461 of 2005 for A.Y. 2001-02 (central). By that order, the Tribunal has is dismissed the appeal filed by the assessee and confirmed the assessment order as also the first appeal order, imposing tax on interstate sale of confectionery items from Greater Noida to Delhi. 3. During the assessment year in question, the assessee claimed to have made dispatch by way of stock transfer from its godown at Greater Noida to its other godown at Ghazipur, in Delhi. Arising from a survey dated 13.06.2002, certain books of accounts of the assessee were seized from its godown at Greater Noida. A further survey is claimed to have been conducted on 14.06.2002 at the Delhi godown of the assessee by the revenue authorities under the U.P. Trade T....

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.... the godown of the assessee at Greater Noida, it has been submitted that it was a register maintained by the local staff of the assessee for personal remembrance. In that exhibit, details of expenses incurred etc. with respect to goods transported from Greater Noida godown were recorded. Thus, there were entries pertaining to sale of goods inside the U.P. as also stock transfer affected to Delhi. Merely because there were certain entries pertaining to intrastate sale of goods, does not mean that the assessee had sold the goods outside the State, inasmuch as while explaining the bona fide, the assessee produced the sale invoices etc. of intra-state sale performed from Greater Noida, it did not lead to a conclusion that all other transacti....