2012 (5) TMI 560 - HC - VAT and Sales Tax

Summary

Issues involved:
The judgment involves a revision filed u/s 11 of the U.P. Trade Tax Act, 1948 against the judgment and order dated February 4, 2002, passed in Appeal No. 162/97 for the assessment year 1995-96.

Manufacture and Sale of Bricks:
The assessee was engaged in the manufacture and sale of bricks. The assessing officer estimated the stock of bricks at four lacs bricks and imposed a tax of 10%. The first appellate authority deleted the addition, leading to an appeal by the Department before the Tribunal, which upheld the addition. The revisionist argued that there was no manufacturing activity during the assessment year and requested to set aside the Tribunal's order. However, the Tribunal, being the final fact-finding authority, upheld the addition based on the evidence presented by the parties and the conduct of the applicant in availing the compounding scheme.

Application of Estimated Basis:
The addition made by the assessing officer was on an estimated basis. The Tribunal relied on various legal precedents to justify the addition, emphasizing that it is a question of fact. Citing cases such as Vijay Kumar Talwar v. Commissioner of Income-tax, Delhi and Metroark Ltd. v. Commissioner of Central Excise, Calcutta, the Tribunal concluded that there was no reason to interfere with their order. The impugned order was sustained, and no question of law emerged from it. The revision was dismissed, and no costs were awarded.