2016 (11) TMI 82 - HC - VAT and Sales Tax

Rejection of books of accounts - best judgment assessment - non-production of books on inspection - suppression of facts - escaped and undisclosed turnover - whether a failure on the part of the assessee to produce the books of accounts during the course of survey as well as whether the same can form a valid ground for rejection of books? - Held that - a failure on the part of the assessee to produce the relevant books of accounts can validly form one of the circumstances which may weigh with the assessing authority to reject the books of accounts. Non-production of the books of accounts at the time of survey is a factor which can be taken into consideration by the Assessing officer while examining the return to find out whether the same is incorrect or incomplete. Revision dismissed - decided against revisionist.

Summary

Issues:
1. Rejection of books of accounts by assessing authority.
2. Undertaking best judgment assessment.
3. Failure to produce relevant books during inspection.
4. Alleged evaded turnover and additional tax liability.
5. Appeal to Deputy Commissioner (Appeals) and Tribunal.
6. Legal principles regarding rejection of books of accounts.

Analysis:

1. The revision was against the Tribunal's order affirming the assessing authority's rejection of the books of accounts maintained by the revisionist and proceeding with a best judgment assessment. The rejection was due to the revisionist's failure to produce relevant records during two inspections of the business premises, leading to the assessing authority assessing an additional tax liability.

2. The Deputy Commissioner (Appeals) reduced the evaded turnover from ?15 lacs to ?3 lacs, which was further challenged by both the revisionist and the Commissioner Trade Tax in appeals to the Tribunal. The Tribunal upheld the decision to reduce the evaded turnover and additional tax liability.

3. The revisionist argued that the rejection of books was solely based on the failure to produce records during inspection, which they claimed was unjustified. However, the standing counsel cited a Supreme Court judgment stating that non-production of books during survey can be considered by the assessing authority for rejecting books and undertaking best judgment assessment.

4. The standing counsel further emphasized that the assessing authority's decision was not solely based on non-production of books but also on parchas found during inspection indicating undisclosed transactions. The Supreme Court's principles highlighted that non-production of books during survey can be a relevant factor for assessing the correctness of returns.

5. The Supreme Court's judgment in Commissioner of Sales Tax Vs. Mohan Brick Field was referenced to establish that failure to produce books during survey is a valid ground for rejection of books of accounts. The Court reiterated that the burden is on the assessee to explain the non-production and justify why no adverse inference should be drawn.

6. Considering the legal principles and circumstances of the case, the Court found no question of law arising from the Tribunal's order and dismissed the revision. The judgment underscores the significance of maintaining accurate records and the consequences of failure to produce books of accounts during inspections.