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TMI Blog1958 (4) TMI 106X X X X Extracts X X X X X X X X Extracts X X X X ..... not accepted and the assessee was asked to produce evidence on 21st of September, 1950. However, on that very day, i.e., 23rd July, 1950, the Assessing Authority received secret information that huge stocks of iron material were concealed by the assessee in different places in Mandi Gobindgarh. In pursuance of this, the Assessing Authority, accompanied by an Inspector, went to various places where the assessee was supposed to have concealed the stock and actually found considerable quantity of galvanized sheets in a building known as Drug House at Gobindgarh and another quantity of such sheets and iron material weighing something like 500 maunds at house No. 287, and iron material weighing 600 maunds in house No. 254 and 1800 maunds in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Sales Tax was accepted and the declared turnover of Rs. 7,805 was accepted. Whereas the order of the Assessing Authority is a detailed one, covering about 10 typed pages, the Appellate Authority wrote a short 1 page judgment and the grounds taken in accepting the appeal do not appear to be very convincing. The Excise and Taxation Commissioner, suo motu acting under section 21 of the Ordinance aforesaid, set aside the appellate order and restored that of the Assessing Authority. Inter alia, the Commissioner was of the opinion that- (1) the report of Shri Punjab Ratan was brushed aside as based on hearsay. This is wrong, keeping in view of the fact that he had himself gone to the spot and his report is based on the facts seen by him and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in General Sales Tax Case No. 3 of 1958, dated 2nd of December, 1960, the following two questions have been referred to this Court by the Financial Commissioner: - (1) Whether, on the facts and in the circumstances of this case, the revision application of the applicant could have been dismissed as barred by time? (2) Whether, on the facts and in the circumstances of this case, no question of law arose out of the order of the Excise and Taxation Commissioner? With regard to the first question it is stated in the order of the Financial Commissioner himself that no period of limitation is prescribed either by the Ordinance or the Rules made thereunder and the period of 90 days is fixed merely as a practice of the Financial Commissioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g its procedure." The first question, therefore, must be answered in the negative. Apart from the above, in the order of the Financial Commissioner dated 7th of February, 1958, refusing to refer the matter under section 22, he had come to the conclusion that taking into consideration the fact that the orders were kept reserved by the Excise and Taxation Commissioner and were communicated to the assessee later on, and, if this period and the period for obtaining copies are taken into consideration, the revision was filed well within 90 days. As regards the second question, two points were raised by the learned counsel for the assessee-firm: (1) that there was no material on the record whatever on the basis of which the Assessing Authority ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s obvious that if at the close of the year or soon thereafter, the firm is found to possess stocks worth nearly two lacs of rupees, the outturn of the firm must be of the same magnitude because, as stated by the Assessing Authority, no business firm will lock so much of capital in maintaining huge stocks if its turnover is only to the tune of Rs. 7,805 during four months. I am, therefore, of the view that in the circumstances of the present case, no question of law arose and the second question must also be replied in the negative. It was not disputed before us that the powers of revision of the Excise and Taxation Commissioner under section 21 are much wider than under the Civil Procedure Code and he can interfere on grounds of illegality ..... X X X X Extracts X X X X X X X X Extracts X X X X
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