2007 (9) TMI 548 - HC - VAT and Sales Tax

Summary

Issues involved: Revision under section 11 of the U.P. Trade Tax Act, 1948 against the order of the Tribunal for the assessment year 1998-99.

Details of the judgment:

The applicant, running a restaurant, claimed to have maintained books of account showing a taxable turnover of Rs. 23,55,309.44. However, the assessing authority estimated the turnover at Rs. 28,40,000 through best judgment assessment, which was upheld by the first appeal and the Tribunal.

The applicant argued that in their business, maintaining a manufacturing account was not feasible, but they had provided necessary details of purchases and sales to the assessing authority. The rejection of the books of account was deemed unjustified as no reasons were given for estimating the turnover, and the turnover from previous and subsequent years had been accepted.

The Tribunal noted the applicant's failure to maintain the mandatory manufacturing account under section 12(2) of the Act and the absence of necessary purchase details. Citing precedent, the Tribunal justified the rejection of books of account and the estimation of turnover through best judgment assessment.

The High Court found no error in the Tribunal's decision to reject the books of account due to the non-maintenance of the manufacturing account. However, it criticized the lack of reasons provided for estimating the turnover at Rs. 28,40,000, especially considering the turnover from previous years. Consequently, the Court allowed the revision in part, setting aside the Tribunal's order and remanding the matter for a fresh assessment of turnover with proper consideration of the material on record and previous assessments.

In conclusion, the High Court upheld the rejection of books of account due to non-maintenance of the manufacturing account but directed the Tribunal to reevaluate the turnover with proper reasoning and consideration of relevant factors.