2013 (5) TMI 904 - HC - VAT and Sales Tax

Summary

Issues involved: Revision under section 11 of the U.P. Trade Tax Act against judgment and order passed by Trade Tax Tribunal for assessment year 1999-2000.

Summary:

The case involved a revision under section 11 of the U.P. Trade Tax Act against the judgment and order passed by the Trade Tax Tribunal for the assessment year 1999-2000. The assessee was engaged in manufacturing and selling bricks during the relevant assessment year. A survey conducted at the business premises revealed discrepancies, leading the Assessing Officer (A.O.) to reject the books of accounts and make additions on an estimate basis. However, both the First Appellate Authority and the Tribunal deleted these additions. The Department, aggrieved by this decision, filed the present revision before the High Court. The A.O.'s additions on an estimate basis were a key point of contention in the case.

The High Court noted that the A.O.'s additions on an estimate basis were deleted by the First Appellate Authority and the Tribunal. The Court referred to the legal position on estimation as established in the case of Commissioner of Customs (Import) vs. Stoneman Marble Industries and Ors., (2011) 2 SCC 758. It also cited similar views expressed in previous cases handled by the High Court. Given the well-settled legal position on estimation, the Court found no emerging question of law from the Tribunal's order. Consequently, the Court upheld the Tribunal's order without interference, as it was in line with established legal principles.

In conclusion, the High Court dismissed the revision filed by the Department, emphasizing that no interference was necessary in the sustained order of the Tribunal. The decision was made without imposing any costs on either party.