2019 (10) TMI 44

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....r, the Tribunal has dismissed the appeal filed by the assessee and partly allowed the appeal filed by the revenue and enhanced the disputed tax by Rs. 1,51,000/-. 2. In brief, during the assessment year in question, the assessee was engaged in manufacture and sale of stone, crushed stone and stone dust. It is common case between the parties that the assessee's business premises were subjected to a survey on 19.08.2006. During the course of that survey, following stock position was noted: Stone - about 40 trucks; Ready crushed stone (10 mm) - 20 trucks; Ready crushed stone (20 mm) - 20 trucks; Stone dust - 20 trucks; Stone crushed (various sizes) - 20 trucks. 3. Besides noting the above ....

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....000/-. Over and above the said the estimation, the assessing officer further estimated undisclosed purchase of diesel oil at Rs. 1,75,000/-. Upon challenge raised by the assessee, the first appeal authority granted partial relief and reduced the estimation of undisclosed sale of crushed stone and stone dust from Rs. 50,00,000/- to Rs. 35,00,000/-; undisclosed sale of sand from Rs. 5,00,000/- to Rs. 3,00,000/- and undisclosed purchase of diesel from Rs. 1,75,000/- to Rs. 1,00,000/-. Upon further appeals, the Tribunal has basically affirmed the order of the first appeal authority with respect to the discoveries made on the basis of the alleged weighment slips. However, it has reduced the relief granted by the first appeal authority and thu....

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....ot bring any evidence on record to establish the connection of the said weighment slip register with the assessee. Therefore, no inference of sale or purchase made outside the books could have been reached by the assessing officer on such weighment slip register. In any case, neither the assessee was engaged in the sale of sand nor there was any material found to establish such transactions as may have led any addition on that count. Similarly, the assessee had established that it had carried out its manufacturing activities against electrical energy purchased from the distribution companies and had paid Rs. 2,93,500/- under that head. There was no evidence of any manufacturing activity having been performed against electricity produced by ....

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.... The revenue authorities never alleged that it was the assessee who was the proprietor of the said Sri Bankey Bihari Dharamkanta. Therefore, the blanket presumption sought to be drawn by the revenue authorities that it was the assessee alone who should have explained the weighment slip register, is an over stretched and hence unacceptable reasoning and the principle that any document seized from the premises of an assessee is presumed to be referable to him. Once the revenue authorities itself found that the document was one belonging to another person inasmuch as it was specifically alleged that the weighment slip register was of Sri Bankey Bihari Dharamkanta, Moradabad Road, it was for the revenue authorities to have first made enquiries ....