2023 (12) TMI 561

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....15) passed in the proceedings under Section 28 (2) (ii) of UP VAT Act. 3. The present revision has been admitted vide order dated 10.8.2023 on the following questions of law: - "(A) Whether the Tribunal was justified in rejecting the account books and affirming the best judgement assessment, even after recording the finding in favour of the applicant that assessing authority and the first appellate authority has not given any basis of fixing the turnover and the best judgement assessment should not be whimsical, else it would be illegal? B. Whether the tribunal was justified in only partially allowing the appeal filed by the applicant and estimating the turnover of undisclosed sale at Rs. 57.50 Lakh merely on the basis ....

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.... but the shop was opened for carpentry work. It was submitted that during spot inspection, six loose documents were found which were relating to the transactions of previous assessment year when the revisionist was not in possession of the shop in question and same was being used by the erstwhile tenant. 5. She further submitted that Sanket no. 1 as well as 3 which was duly verified from the books of account and Sanket no. 2 relates to sale of period from 20.9.2014 to 26.9.2014 of which sale invoice no. 12/574 of Rs. 761/- only and was signed by the SIB authorities. She further submitted that Sanket No. 3 to 6 were not related to assessment in question and belonged to the period prior to commencement of business of the revisionist and th....

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.... has supported the impugned order and submitted that at the time of survey, some loose papers were found on the basis of which the books of accounts has been rejected and enhancement has rightly been made which substantially has not been reduced by the appellate authorities, therefore, there is no good ground for interference of this Court as the revisionist could not controvert the genuineness of the documents seized by the authorites. He prays for dismissal of the present revision. 8. After hearing learned counsel for the parties, the Court has perused the records. 9. Admittedly, the assessment year in question was the first year of business of the revisionist. The survey of the business premisses of the revisionist was conducted on....

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....ding in favour of the revisionist in para 12 of the judgement, which is quoted hereunder:- 11. From perusal of the aforesaid finding recorded by the Tribunal, it is evident that the Tribunal being the last court of fact has recorded a finding that authorities have not given any substantial reason for enhancing the turnover. On the said finding, the books of account can be rejected but it is not necessary to enhance the turnover. 12. This Court in the case of M/s Delight Engineering Company Vs. CST, 1981 UPTC page 959 has held that the it is not necessary to enhance the turnover after rejecting the account books. 13. Again this Court in the case of M/s Ratan Hari Rolling Mills Ltc. Vs. CTT, 2007 UPTC page 959 as well as Ram Products....

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.... the tribunal is modified to the extent that taxable turnover of the revisionist relating to the assessment year in question, is hereby accepted. 19. The substantial questions of law are answered accordingly. ============= Document 1 “12. पत्रावली के अवलोकन से स्पष्ट है की कर निर्धारण अधिकारी एवं विद्वान प्रथम अपीलीय अधिकारी द्वà....