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TMI Blog1971 (9) TMI 169X X X X Extracts X X X X X X X X Extracts X X X X ..... lowing question of law for our opinion: "Whether on the facts and circumstances of the case the survey made on 10th March, 1967, could form the sole basis for rejecting the assessee's books of account for the previous year, namely, 1965-66? " The assessee, Babu Ram Vishnoi, is a dealer in ghee. An assessment under the U.P. Sales Tax Act was made against him for the assessment year 1965-66. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... u was found to be a fictitious dealer. At this time the assessment proceedings for the assessment years 1965-66 and 1966-67 were pending. The question is as to whether the assessee's books of account were liable to be rejected on the basis of this survey of 10th March, 1967. The date 10th of March, 1967, falls within the assessment year 1966-67 and is beyond the assessment year 1965-66. The survey ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... overed was that the assessee had despatched ghee on dates falling in the assessment year 1966-67 in a fictitious name. Those dates are far removed from the end of the assessment year 1965-66. The survey report certainly casts a doubt on the veracity of account books of the assessee for the assessment year in question, but suspicion cannot take the place of material or evidence. Each assessment yea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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