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TMI Blog2013 (6) TMI 343X X X X Extracts X X X X X X X X Extracts X X X X ..... f the transaction. By adopting short cut method, additions were made merely by looking the balance-sheet. No other verification was sought by the lower authorities before making the addition. No opportunity was given to the assessee to justify the genuineness of the transactions by the lower authorities - matter is remanded back to the Tribunal to examine the same denovo. - Trade Tax Revision No. - 142 of 2012, Trade Tax Revision No. - 143 of 2012 - - - Dated:- 20-5-2013 - Dr. Satish Chandra,JJ. For the Petitioner : Prakash Kumar Sinha For the Respondent : C.S.C. ORDER Both the revisions have been filed under Section 11 of the U.P. Trade Tax Act, 1948 against the common judgment and order dated 31.05.2012, passed by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (ii) dealer having an yearly turnover of rupees twenty five crore or more. The relevant Rules on reproduction reads as under:- Rule 25(B)(4) Before furnishing a declaration form to the selling dealer, the purchasing dealer or one of the persons mentioned in sub-rule(1) of Rule 25-A shall fill in all the required particulars and shall sign it. Thereafter the counterfoil of the form shall be retained by the purchasing dealer and the other two portions marked "Original" and "Duplicate" shall be made over by him to the selling dealer:- Provided that no single form shall cover the transactions of purchase or sale, of more than one assessment year and of value more than rupees five lakhs. Provided further that the restrictions of mentioning ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ess of the transaction. By adopting short cut method, additions were made merely by looking the balance-sheet. No other verification was sought by the lower authorities before making the addition. No opportunity was given to the assessee to justify the genuineness of the transactions by the lower authorities. In these circumstances, it will be appropriate if the matter will be examined afresh by the Tribunal. Hence, all the orders impugned passed by the lower authorities including the Tribunal's order are hereby set aside and the matter is remanded back to the Tribunal to examine the same denovo in the light of above observations and providing reasonable opportunity of hearing to the assessee. With the above observations, both the revis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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