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TMI Blog1984 (1) TMI 295X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessment year 1974-75, the assessee disclosed certain taxable turnover and produced its account books. The assessing authority rejected the account books on three grounds and proceeded to determine the taxable turnover to the best of his judgment. The assessee appealed. The appellate authority agreed with the assessing authority that the account books of the assessee could not be relied upon, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... applies only in case of cash memo and not in case of bills? (2) Whether on the facts and in the circumstances of the case, the Tribunal (Sales Tax) was legally justified to accept the account books of the assessee?" I have heard the learned counsel for the parties. The main question for consideration in this revision is as to what is the true and correct meaning of sub-section (4) of section 8-A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on copy is necessary." The above view of the Tribunal is wholly erroneous so far as it relates to credit memos. Sub-section (4) which has been quoted above, clearly shows that the requirement of preparing and preserving a carbon copy is applicable both in respect of a cash memo or a bill issued to the purchaser. The expression "bill" will take within its ambit a credit memo or a chalan. In the su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n whether or not the books of account should be accepted, in the light of the answer to question No. (1) given by this Court.
In the result, the revision is allowed. The case is sent back to the Tribunal under section 11(8) of the Act for a fresh determination of the appeal in the light of what has been held above. In the circumstances of the case there will be no order as to costs. X X X X Extracts X X X X X X X X Extracts X X X X
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