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TMI Blog1986 (1) TMI 375X X X X Extracts X X X X X X X X Extracts X X X X ..... 00,000. Aggrieved, the assessee went up in revision before the Additional judge (Revisions), Sales Tax, Lucknow, and urged that its accounted version deserved to be accepted. In the alternative, it prayed for further reduction in the net turnover as determined by the appellate authority. The Commissioner was also aggrieved by the order of the Assistant Commissioner (judicial), Lucknow, reducing the turnover as determined by the Sales Tax Officer to Rs. 3,00,000. He accordingly also preferred a revision before the judge (Revisions), Sales Tax. The learned judge (Revisions), Sales Tax, dismissed both the revisions, vide his order dated 19th of April, 1980. Aggrieved, the assessee has invoked the revisional jurisdiction of this Court under sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en noted, their addresses had not been noted by the assessee. (3) The details of the opening and closing stocks were not furnished and no stock taking was done by the assessee. (4) That the assessee had taken ornaments outside Lucknow also for sale and the challans through which the ornaments were taken were not preserved but destroyed. Sub-section (3) of section 7 of the U.P. Sales Tax Act runs thus: "If no return is submitted by the dealer under sub-section (1) within the period prescribed in that behalf or, if the return submitted by him appears to the assessing authority to be incorrect or incomplete, the assessing authority shall, after making such inquiry as he considers necessary, determine the turnover of the dealer to the best o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entioned by the assessing authority for making the best judgment assessment are not such which by themselves could make it appear to the assessing authority that the return submitted by the assessee was either incorrect or incomplete. Section 12 of the U.P. Sales Tax Act as it stood at the relevant time, obliged every dealer to keep and maintain a true and correct account showing the value of the goods sold and bought by him. Rule 72 of the U.P. Sales Tax Rules required that every dealer liable to pay tax under the Act, and every person licensed under section 3-E, shall maintain a true and correct account of all his purchases, sales and stocks showing quantity and value for verification of the accuracy of his turnover. The sales tax authori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ases and sales. Insistence by the assessing authorities on the maintenance of stock register and rejection of accounts on account of an omission to do so without any other defect in the account maintained under section 12 is not warranted by the law. This does not mean that from the accounts maintained under section 12 the stock valuation or the actual stock should not be capable of calculation. In case the books prepared under section 12 are completely reliable in respect of the sales and purchases of each and every item whether it would be of a small or large quantity, the omission of stock register by itself cannot lead to the rejection of accounts. In the result, I find nothing in the orders passed by the sales tax authorities to show ..... X X X X Extracts X X X X X X X X Extracts X X X X
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