9911796707
TMI Blog2007 (8) TMI 666X X X X Extracts X X X X X X X X Extracts X X X X ..... directed against the order of the Tribunal dated September 7, 2001 relating to the assessment years 1985-86, 1986-87 and 1987-88. The applicant was registered dealer and was engaged in the business of manufacture and sales of metal ingot. For the assessment years 1985-86, 1986-87 and 1987-88 the applicant had disclosed taxable turnover at Rs. 19,71,005, Rs. 49,99,637 and Rs. 32,28,127.24. The assessing authority rejected the books of account and by way of best judgment assessment, estimated the taxable turnover at Rs. 21,05,000, Rs. 52,00,000 and Rs. 36,00,000, respectively. The books of account have been rejected mainly on the ground that the applicant being manufacturer, had not maintained any manufacturing account as required under se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... counsel for the applicant submitted that the applicant had maintained books of account in the same form as have been maintained in the previous years and the books of account has been accepted in the previous years. He further submitted that the details of the raw material consumed and the goods manufactured have also been furnished and no defect has been found, therefore, the acceptance of the books of account and disclosed turnover by the first appellate authority is wholly justified. Learned Standing Counsel relied upon the decision of the apex court in the case of Commissioner of Sales Tax v. Girja Shanker Awanish Kumar [1997] 104 STC 130; [1997] UPTC 213 and submitted that the estimate of the turnover by way of best judgment assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the account books can be relied on for determining the turnover. In normal circumstances, the rejection of account books calls for the estimation of the turnover to the best of judgment of the assessing authority. Having upheld that the account books of the assessee were liable to be rejected, the learned judge of the High Court was wrong in holding that the defect is of a technical nature and the account books should be accepted. We set aside the decision of the High Court and direct that the estimated turnover of the dealer as upheld in appeal, shall stand restored. The appeal is allowed. However, in the facts and circumstances of the case, there shall be no order as to costs. In view of than above, I do not find any merit in the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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