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TMI Blog2008 (2) TMI 844X X X X Extracts X X X X X X X X Extracts X X X X ..... ade on commission basis clearly showed the intention of the dealer that they had been made for other principals. In the stock register and in the other register, the dealer had entered the name of the parties for whom purchases had been made. Forms VIR and the IXR would have been relevant to determine as to whether at the time of purchases they were made either by the dealer for his own account or for other principals but this has not been examined either by the assessing officer or by the Tribunal. Thus find that the Tribunal has also not examined the record in true perspective and has simply disbelieved the version of the dealer without any proper justification. As the matter is almost 20 years old, it would be in the interest of neith ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment year 1988-89, the dealer had shown purchases from local unregistered dealer of Rs. 6,07,927.15 to have been made for and on behalf of its ex-U.P. principals against the orders placed by them. The assessing authority, by order dated March 27, 1992, was not satisfied with the returns of the dealer with regard to the aforementioned transaction alleged to have been made for and on behalf of ex-U.P. principals and accordingly held the said transaction to be inter-State-sale. The assessing officer valued the inter-State sale at Rs. 7 lakhs and accordingly raised demand of tax of Rs. 56,000 at the rate of eight per cent. Aggrieved by the same the dealer, preferred an appeal. The Deputy Commissioner (Appeals) by judgment and order dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er-State sales? (ii) Whether the view of the Tribunals despatching the purchases of foodgrains for Rs. 6,09,927.15 on behalf of the ex-U.P. principals is based on relevant material and is legally justified? Heard Sri Krishna Agarwal, learned counsel for the dealer and Sri B.K. Pandey, learned Standing Counsel for the department and also perused the material on record. Sri Krishna Agarwal, learned counsel for the dealer, has submitted that the account books of the dealer had been accepted by the assessing authority and finding to that effect is recorded by the assessing authority. This fact is not disputed. It is apparent from the assessment order also. The transactions in issue were disbelieved by the assessing officer for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessing officer was without any discussion of the material on record and in a cursory manner the finding had been recorded. The appellate authority further recorded that the dealer had maintained Stati Bahi in accordance with the register prescribed by the RFC. It further recorded that the dealer had maintained separate purchase register for purchases made on commission basis and another register for purchases made for its own account. Further the dealer had carried the purchases made for its own account from the Sati Bahi to the register B and the purchases made on commission basis in the register F. It was thus, satisfied that the dealer had separately recorded the purchases made for its account and/or commission basis for ex-U.P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made and which record as to whether purchases are made for self or on commission basis for principals outside U.P. Further the Tribunal rejected the finding of the appellate authority without any discussion with regard to the expenditure under different heads charged by the dealer and entered in the accounts book relating to the purchases on commission basis by saying that they did not establish purchases on commission basis. The fact that the dealer had maintained register separately and had recorded the expenses in the purchases made on commission basis clearly showed the intention of the dealer that they had been made for other principals. In the stock register and in the other register, the dealer had entered the name of the parties fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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