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TMI Blog1996 (3) TMI 514X X X X Extracts X X X X X X X X Extracts X X X X ..... . No manufacturing accounts maintained. 2. No cooly paid voucher produced for the manufacturing work done. 3. No amount paid as cooly as per account. This is unbelievable. 4. G.S. 11 and G.S. 13 produced for verification. 5.. No purchase bill kept for old silver purchase. 6. No stock register kept for silver. 7. As per account produced the opening stock of stones Rs. 6,100 and tools Rs. 550. No purchase effected during the year. Sales of stones Rs. 939 and tools Rs. 400 were accounted. Closing balance is noted as stones Rs. 6,200 and tools Rs. 300. From the above it is clear that the dealer is not keeping true and correct accounts of his transactions, as contemplated in the K.G.S.T. Act. It is therefore proposed to reject ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filing objections. Regarding the other defects also the assessing authority has only stated that the payment of piece rate remuneration should be proved by voucher. He has not chosen to verify the statement of the assessee that this piece rate remuneration was entered in the day book. He accordingly rejected the books of account and estimated the turnover by adding 50 per cent of the admitted turnover towards probable omissions and suppressions. Accordingly, he determined the total and taxable turnover at Rs. 13,49,730 as against the returned turnover of Rs. 8,99,815.26. 4.. Aggrieved by the assessment order, the assessee took up the matter in appeal before the Additional Appellate Assistant Commissioner of Agricultural Income-tax and Sal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prove it with ledger entries with supporting vouchers. The transactions of silver ornaments are not accounted for in the stock register. So also the proportion of profit reflected on stones and tools never reaches even at a level much below in the case of gold." The first appellate authority also without verifying the correctness of the statements made by the assessee to the effect that he had maintained and produced all the three registers before the assessing authority upheld the rejection of the accounts of the assessee. The appellate authority thereafter observed that since the assessing authority could not point out any specific instances of suppression either in purchase or in sale, the addition of 50 per cent to the returned turnov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the authorities and the Tribunal have committed serious error in rejecting the accounts and sustaining the same. Learned Senior Counsel also contended that there was no justification for sustaining any addition to the returned turnover. 7.. Learned Senior Counsel also brought to our notice in support of the above submission and also relied on the appellate order of the Sales Tax Appellate Tribunal in the case of the assessee itself for the immediate previous assessment year 1984-85. It was submitted that the appellate Tribunal in that case considered the defects pointed out by the assessing authority and held that they are only defects of general or technical nature and in the absence of any tangible materials for the purpose of assessme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e registers were also produced before the assessing authority. Inspite the specific assertion in the reply to the pre-assessment notice and also in the grounds of appeal before the first appellate authority, none of these authorities have taken pains to direct the assessing authority to consider the same again and to verify the correctness of the same. In such circumstances, much cannot be said about the non-production of G.S. 11 and 13 registers. 10.. Regarding defect No. 7, that is, as per the accounts produced, the opening stock of stones and tools were Rs. 6,100 and Rs. 550 respectively, there were no purchase during the assessment year, even after sale of stones and tools to the tune of Rs. 939 and Rs. 400 respectively, closing bal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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