2019 (11) TMI 825

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.... 1. Present revision has been filed by the applicant-assessee against the order of the Commercial Tax Tribunal, Allahabad, dated 12.12.2012, in second appeal no. 155 of 2007, for A.Y. 2005-06 (U.P.). By that order, the Tribunal has dismissed the appeal filed by the assessee and thus confirmed the estimation of turnover and tax made by the assessing officer, as reduced in the first appeal. 2. He....

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....same, the assessing authority proceeded to reject the books of accounts of the assessee and estimated the turnover of sale at Rs. 40,15,000/- as against Rs. 8,55,640.50 total turnover disclosed by the assessee. 5. Consequently, against admitted tax liability Rs. 35,783/-, the assessing authority determined the same at Rs. 1,96,250/-. Upon appeal, the first appeal authority examined the submissio....

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....wn by the Supreme Court in Assistant Commercial Tax Department, Works Contract and Leasing, Kota Vs. M/s Shukla and Brothers, (2010) 30 VST 114, that the contentions raised by the assessee ought to have been met by the Tribunal. 7. Examined in that light, the order of the Tribunal leaves room for improvement, inasmuch as, the Tribunal has not offered any reasoning specific to the facts of the ca....

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.... for which they related was also in excess of a few months. 9. In view of the above, present is clearly a case where adverse material found during the survey brought to light substantial undisclosed purchase and sale of goods. Therefore, there can be no challenge to the rejection of books of accounts of the assessee. 10. As to estimation, though the Tribunal has rushed with the matter, the fir....