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TMI Blog2011 (1) TMI 1258X X X X Extracts X X X X X X X X Extracts X X X X ..... ck has been valued at ₹ 2 lcas.Therefore, having regard to the value of the stock, which was not found at the time of survey, the estimate of turnover at ₹ 5 lacs of the manufactured tobacco and the purchases of raw materials from the unregistered dealer cannot be said to be excessive or without any basis. However, the Tribunal has erred in levying the tax on the turnover of chemicals @32.5%. Under the Notification No. KA. NI.-2-1084/XI-9 (51)/99................dated 25.2.2003 all kinds of chemicals are liable to tax @4%. Therefore, the order of the Tribunal is modified to this extent. The authorities below are directed to recalculate the turnover levying the tax on the chemicals @4% instead of 32.5%. Revision allowed in part. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e impugned order allowed the appeal in part. The Tribunal has estimated the turnover of self-manufactured tobacco at ₹ 5 lacs within the State of U.P. The Tribunal has estimated the turnover of purchases of raw tobacco, chemicals, perfumes, masala and chandiwork from unregistered dealer at ₹ 1.50 lacs, ₹ 1 lac and ₹ 20,000, respectively. The Tribunal has levied the tax on the turnover of chemicals at 32.5 per cent. Heard Sri Kunwar Saksena, learned counsel for the applicant and Sri B.K. Pandey, learned standing counsel. The learned counsel for the applicant submitted that no sale has been made within the State of U.P., and the turnover under the Central Sales Tax Act has been accepted. He submitted that explana ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lue of stock at ₹ 2 lac and has estimated the suppressed turnover within the State of U.P. at ₹ 15 lacs apart from the purchases of raw materials from the unregistered dealer. Being aggrieved by the order of the assessing authority, the applicant filed appeal before the Additional Commissioner, Grade 2 (Appeal), Commercial Tax, Zone First, Varanasi. The appeal has been allowed and the estimated turnover and tax thereon have been deleted. Being aggrieved by the order of the first appellate authority, the Commissioner of Trade Tax filed an appeal before the Tribunal. The Tribunal by the impugned order allowed the appeal in part. The Tribunal has estimated the turnover of self-manufactured tobacco at ₹ 5 lacs within the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal. He submitted that at the time of survey the proprietor himself was present. No explanation about shortage in the stock was given at the time of survey therefore explanation given subsequently that the stocks were lying in another room, which was not noticed, has rightly been disbelieved by the assessing authority and by the Tribunal. The value of shortage in the stock has been assessed at ₹ 2 lacs and on the basis of which the suppressed turnover of manufactured tobacco has been estimated at ₹ 5 lacs for the entire year and raw materials, which have been used in the manufacturing of suppressed manufactured tobacco, have also been estimated. He, however, accepted that the chemical was liable to tax @4% and not 32.5%. Havi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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