2018 (7) TMI 234 - HC - VAT and Sales Tax

Validity of assessment orders - rejection of books of accounts of the revisionist - it was seen that the revisionist has evaded the purchase and sale of his transaction and has evaded the payment of tax and he has further considered that since the survey was conducted in the month of August 2013 the estimate of undisclosed sales cannot be over and above of Rs. 50 lac - Held that - The order of the Tribunal is modified to the extent that the purchase and sale at Rs. 40 lac. and 50 lac. respectively as estimated by the first appellate authority is correct - this Court affirmed the order passed by the first appellate authority and accordingly the order of the Tribunal is modified. Revision allowed in part.

Summary

Issues involved:
1. Rejection of books of accounts by assessing authority and imposition of additional tax liability.
2. Appeal before the Additional Commissioner (Appeal) and subsequent reduction of estimated turnover.
3. Second appeal before the Commercial Tax Tribunal, Moradabad and the decision rendered.

Detailed Analysis:
1. The revisions were directed against the Tribunal's order dated 17.2.2018, where the assessing authority rejected the books of accounts of the trader, leading to the imposition of additional tax liability amounting to Rs. 9 lac. The first appellate authority reduced the estimated turnover of evaded purchase and sales, fixing the tax liability at Rs. 4,50,000. The Tribunal estimated the evaded turnover at Rs. 50 lac and Rs. 60 lac for purchase and sale, respectively, with additional tax liability of Rs. 1 lac.

2. The first appellate authority upheld the rejection of books of account based on adverse material found during a survey but found the assessing authority's estimate excessive. The estimate was reduced to Rs. 40 lac and Rs. 50 lac for evaded purchase and sales, respectively. The Tribunal allowed the department's appeal in part and dismissed the trader's appeal. The Tribunal's estimate was challenged based on reasons recorded and discrepancies in the tax invoice book.

3. The Tribunal's decision was modified by the Court, affirming the first appellate authority's estimate of turnover at Rs. 40 lac and Rs. 50 lac for purchase and sale, respectively. The Court upheld the order regarding liability of entry tax, modifying the Tribunal's decision accordingly. The revisions were allowed in part due to the reduced turnover estimate and the affirmation of the first appellate authority's order.

In conclusion, the judgment addressed issues related to the rejection of books of accounts, imposition of tax liability, appeal proceedings, turnover estimation, and the modification of the Tribunal's decision by the Court based on the facts and circumstances of the case.