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TMI Blog2013 (5) TMI 648X X X X Extracts X X X X X X X X Extracts X X X X ..... the time of survey. So, there was no option available before the A.O. except to made the addition on estimate basis. The first appellate authority again examined the material, loose papers etc. and made the addition on estimate basis by giving a partial relief to the assessee, which was upheld by the Tribunal. Tribunal is a final fact finding authority as per the ratio laid down in the case of Kam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd purchase of Timber. On 17.02.2004, a survey was conducted at the business premises of the assessee. During the survey, various discrepancies were found in the books of account so, the same were rejected. Finally, the A.O. has made the addition of Rs.2,62,000/- for State under section 7(3) of the Act; and Rs.2,20,000/- under section 9(2) for Central. Being aggrieved, the assessee has filed the F ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s engaged in the job work. On survey, only one Saw Mill and four inches piling machines were found on the spot. The job work was going on. He submits that the revisionist has recently started the business only before some days. No sale was made. The business was started in the name and style of M/s Sharma Goodluck Timber. But the investigation officer has wrongly mentioned as M/s Goodluck Timbers. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ax. The assessee might have gone without paying any tax as he was running the business in the past but without any registration. In the instant case, no proper books of accounts were found at the time of survey. So, there was no option available before the A.O. except to made the addition on estimate basis. The First Appellate Authority again examined the material, loose papers etc. and made the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... M/S Singh Gramodyog Int Bhatta, Hardoi vs. Commissioner of Trade Tax decided on 07.05.2012. 4. TTRD 335 of 2010, Commissioner of Commercial Taxes, Lucknow vs. M/s Star Brick Works Lucknow decided on 06.05.2013 Thus, in view of above well settled legal position, it is clear that no question of law is emerging from the impugned order passed by Tribunal. Hence, no interference is required in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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