9911796707
TMI Blog2008 (1) TMI 846X X X X Extracts X X X X X X X X Extracts X X X X ..... unjustifiable or highly excessive. In an admitted turnover of more than ₹ 3,00,00,000 where account books are rejected the enhancement of taxable turnover by ₹ 20,00,000 cannot be, by any stretch, said to be unjustified and excessive being less than 10 per cent of the declared turnover. In any case this court in revisional jurisdiction cannot make any assessment or estimate of turnover. The finding recorded by the Tribunal on this issue is also finding of fact warranting no interference in revisional jurisdiction. Appeal dismissed. - - - - - Dated:- 9-1-2008 - VIKRAM NATH , J. VIKRAM NATH J. Heard Sri R.D. Gupta, learned counsel for the applicant and Sri K. M. Sahai, learned Standing Counsel representing the opposite p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he dealer's appeal for the taxable turnover under the State Act. It fully allowed the appeal with regard to the Central Act and dismissed both the appeals of the Department. The dealer has come up before this court against judgment of the Tribunal partly allowing the appeal under the State Act. Submission of the learned counsel for the applicant is that neither rejection of the account books was justified in the facts and circumstances nor the estimate of the turnover made by the Tribunal could be sustained as it was based on mere conjectures. I have perused the judgment of all the authorities and find that all the authorities and the Tribunal in particular have considered the material on record for rejection of the account books. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accepting the contention of the Department. Further considering the facts and circumstances, it partly allowed the appeal of the dealer and further reduced the estimated turnover. The submission of the learned counsel for the applicant that the Tribunal ought to have given reasons and the basis on which it was estimating the turnover and since no reasons were given, the estimate made by the Tribunal was bad. From a perusal of the judgment of the Tribunal I find that the Tribunal has given reasons both while rejecting the appeal of the Department for enhancement and also while partly allowing the appeal of the dealer. Since no material was placed on record either by the dealer to show that its estimate could not have been more than a p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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