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2019 (9) TMI 1470
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....C.S.C. ORDER Saumitra Dayal Singh, 1. Heard Shri Krishna Agarwal, learned counsel for the assessee and Shri Jagdish Mishra, learned Standing Counsel for the revenue. 2. Present revision has been filed by the assessee against the order of the Commercial Tax Tribunal, Saharanpur dated 27.01.2009 passed in Second Appeal No. 10 of 2007 for A.Y. 2005-06 (U.P.). By that order, the Tribunal h....
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....ned order. However, perusal of the same reveals that at the time of making the estimation, the appeal authority had only considered the two bills disclosing the sale value Rs. 5,520/- only. 5. Having heard learned counsel for the parties and having perused the record, in the first place, in face of two bills having been discovered from the business premises of the assessee during the survey con....
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.... the purposes of making an estimation. It is a settled position in law that the estimation made must arise from and be proportionate to the evidence of undisclosed turnover. In the instant case, as against the undisclosed turnover Rs. 5,520/- discovered, that too, on one date, i.e. 01.01.2006, the estimation as has been sustained, bears no proportion being Rs. 5,25,000/-. The same cannot be sustai....