9911796707
TMI Blog2007 (9) TMI 550X X X X Extracts X X X X X X X X Extracts X X X X ..... over without considering the necessary details, namely, opening stock, purchases made from outside the State of U.P. and the closing stock. Even though, the supply of the materials to the contractors could not be furnished, but in the absence of such details, for the purposes of estimate, the opening stock, purchases made outside the State of U.P. and the closing stock are the relevant materials to be considered for each year.In view of the above, the Tribunal is directed to adjudicate the issue of determination of the turnover after taking into account the opening stock, purchases made outside the State of U.P. and the closing stock for each year. Revisions allowed in part - - - - - Dated:- 25-9-2007 - RAJES KUMAR, J. RAJES KUMAR J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shed. The assessing authority in the absence of necessary details, by way of best judgment assessment, estimated the turnover and levied the tax. Being aggrieved by the order, the applicant filed appeals and the matter was remanded back to the assessing authority with the direction to consider the agreement and the payment schedule. It appears that the applicant could not furnish the copy of the agreement and the payment schedule and have also not furnished the details of the goods supplied to the contractors and the payments deducted. The matter was remanded thrice for this purpose, but no details were furnished. The assessing authority on the basis of the material available on record relating to the import of the goods from outside the St ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ials to the contractors was not sale, but submitted that the estimate of turnover is not justified. He submitted that the Tribunal has not applied his mind on the material available on record, namely, opening stock, purchases made from outside the State of U.P. and the closing stock even in the absence of details of the materials actually supplied and the payment deducted. Learned Standing Counsel submitted that the applicant was provided several opportunities to provide the details, but the details could not be provided. Therefore, assessing authority had no option except to estimate the turnover by way of best judgment assessment. Having heard the learned counsel for the parties, I have perused the order of the Tribunal and the auth ..... X X X X Extracts X X X X X X X X Extracts X X X X
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