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TMI Blog2014 (5) TMI 572X X X X Extracts X X X X X X X X Extracts X X X X ..... turnover - The Tribunal had further held that there was no clinching evidence, except the circumstantial evidence, for estimating the taxable turnover - Assessee had shown sufficient reasons for the loss of the leaves of Form XX - It had been shown that there was a change of Managing Agents and as a consequence many records and books had been misplaced and were untraceable - It is also found that there was no evidence to show that the assessee had misused the missing leaves for the sale of tea. Relying upon Tata Iron and Steel Co., Ltd., Vs. Assistant Commissioner (CT) Central Assessment, Circle V, Chennai and others [2003 (11) TMI 566 - MADRAS HIGH COURT] - This Court had found there were no materials to show that the forms, not produce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... la and the processed tea were transferred under stock transfer to the State of Tamil Nadu, supported by necessary sales tax forms, under Kerala General Sales Tax Act, particularly Form-26. While scrutinising the returns, it was found that the dealers had received Form XX Declarations, from Sl.No.150450 to 150475. They had produced the same for verification. They had used upto Sl.No.150469, for the year 1995-96 accounts. As they had not produced the remaining 6 leaves from 150470 to 150475, at the time of the check of the accounts, for the year 1996-97, the Assessing Authority proposed to estimate the sale of tea at Rs.50,000/- per leaf and therefore, the turnover was estimated at Rs.3,00,000/-, for the 6 leaves and it had been held that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ported by necessary sales tax forms, in Kerala, particularly Form 26. 4. It had also been stated that while transporting the goods from Waynad, in the State of Kerala, through the State of Tamilnadu, it had to cross various check posts, where the genuineness of the transactions had been scrutinized. The assessee had also enclosed the entire list of Form-26 and had stated that, from the said list, all the transfers/transactions, made between 1.4.1996 and 31.3.1997, can be seen. They had also produced the copies of Form-26 issued during the season and had stated that the estate was under lockout, from 5.1.1996 to 3.5.1996. The first load of tea had been transported only on 4.5.1996. 5. As per the register the total quantity of tea transfe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sing authority had held that in the present case the dealers had not reported the loss of Form-XX Book, within a week, as prescribed by law. Further, the dealers had not submitted the Form XXIV register and its extract for the necessary verification. Hence, the objections raised by the assessee had been overruled and the proposals made in the pre-assessment notice had been confirmed and final orders had been passed, determining the taxable turnover of the assessee, for the assessement year 1996-1997, at Rs.3 lakhs. 8. Aggrieved by the said order of the Assessing Officer the assessee had filed an appeal before the Appellate Assistant Commissioner (CT), Coimbatore, The Appellate Assistant Commissioner, by his order, dated 20.3.1998, had dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Form XX had been lost and that the assessee had not intimated the assessing authority about the said loss, there was no instance of any misuse of Form XX, by the assessee or by any other person. Further, there is no loss of Revenue to the Government. The Tribunal had also noted that the Assessing Authority had already determined the taxable turnover of the assessee for the year 1996-1997. Subsequently, on a revision of the assessment, passed an order, dated 29.1.1998. On a perusal of the said order it was found that the dealers had already produced Form XX Book, used upto Serial No.150469, for the year 1995-1996, and the remaining delivery note numbers 150470 to 150475, alone were not produced for the scrutiny of the assessing authority, du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o loss of Revenue to Government, from such loss. Further, there were no good reasons shown by the Department to invoke the best of judgment assessment in determining the taxable turnover. The Tribunal had further held that there was no clinching evidence, except the circumstantial evidence, for estimating the taxable turnover. In such circumstances, the Tribunal allowed the assessee's appeal. 12. On a perusal of the records, it is found that the assessee had shown sufficient reasons for the loss of the leaves of Form XX. It had been shown that there was a change of Managing Agents and as a consequence many records and books had been misplaced and were untraceable. It is also found that there was no evidence to show that the assessee had m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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