TaxTMI 
TaxTMI 
2026 (7) TMI 1603
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....The above-noted revision has been filed on the following question of law:- "1. Whether on the facts and circumstances of the present case, it was legally justified to confirm the order of appellate authority who set aside the basis of best judgement assessment made by assessing authority and accepted that purpose were made from registered dealer of state of U.P. and duly entered into regular books of account? 2. Whether in view of the several judicial pronouncement of this Hon'ble Court, it was legally justified to reject the disclosed version of the applicant and to estimate the turnover to the best of judgement merely on the basis of presumptions and surmises while there is no basis and material on record of suppress....
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....hich were entered into regular books of account. He further submits that the Assessing Authority, without considering that the purchase made from registered dealer within the State of U.P., has passed the assessment order on 29.10.2010. Aggrieved by the said order, the revisionist preferred first appeal, which has allowed in part vide order dated 25.07.2011. Aggrieved by the said order, cross second appeals were filed, which were dismissed by the Tribunal vide impugned order dated 04.09.2013. Hence, this revision. 5. Learned counsel for the revisionist further submits that the four exhibits were duly explained before the SIB as exhibit no. 1 contains the entries of purchase of branded ready-made garments from the registered dealers withi....
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....lained by the assessee and accepted by the first appellate authority as well as the Tribunal. No discrepancy, on the basis of the said parchas, were pointed out. The authorities below have further recorded a finding of fact in favour of the revisionist that the revisionist is dealing in branded ready-made garments and the purchases have been made within the State from the registered dealers against the tax invoices. Once a finding of fact has been recorded in favour of the revisionist that branded ready-made garments were purchased from the registered dealer within the State against the tax invoices, the authorities below were not justified in enhancing the turnover. Further, no evidence has been brought on record showing any incident that ....
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....case of Devi Dayal Aluminimum Industries Vs. CTT, 2008 UPTC page 1306 has held that while estimating turnover, the order should provide some basis otherwise the order would be arbitrary. 16. Again this Court in the case of Shyam Sugar Industries Vs. CST, reported in 2001 UPTC page 797 has held that in the absence of any material pointing out that the applicant has indulged in suppression and concealment of sales and purchases, the books of accounts and disclosed turnover of the applicant could not have been rejected. 17. Once the findings of fact has been recorded in favour of the petitioner, there is no cogent reason for enhancing the turnover. The tribunal was not justified in confirming the enhancement of turnover in vi....