9911796707
TMI Blog1998 (2) TMI 588X X X X Extracts X X X X X X X X Extracts X X X X ..... n facts and common contentions are involved, it is convenient to dispose of both the revisions by a common order. 2. Heard learned Counsel for the parties. 3. Revisionist M/s. Sarang Electronics (P.) Ltd. during the year in dispute was engaged in the manufacture and sale of electrical goods, such as table lamp, heater, blow and hot etc. There was a survey at the business premises of the assessee, when certain account books were seized. The account books of the assesee were rejected by invoking the provisions of sub-section (2) of Section 12 of the U.P. Trade Tax Act on the finding that the assessee being a manufacturer had not maintained stock books in respect of the raw material as well as the products obtained at every stage of prod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,123-00 against the disclosed turnover of ₹ 23,54,376.00. 4. The assessee preferred two separate appeals, one each against the aforesaid two assessment orders, which were also decided by two separate orders both dated 7.9.1991 passed by the Deputy Commissioner (Appeals) Trade Tax. The appeals were allowed directing that the disclosed turnover of the assessee should be accepted and the assessments be made accordingly. Feeling aggrieved the revenue preferred two appeals before the Trade Tax Tribunal against the two appellate orders. The Tribunal for fresh assessment to the assessing authority. Against the order of the Tribunal, the assessee has come up in these revisions. 5. The contention urged on behalf of the assessee was that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ointed out that where the account books were rejected due to non-maintenance of manufacturing account, the disclosed turnover need not necessarily be rejected in absence of any other adverse material. The rejection of accounts and the assessment to best judgment are two separate and distinct processes, which ought not to be mixed up. The assessment on best judgment is a quasi-judicial function, which cannot be discharged lawfully without an objective appraisal of the relevant material and the attending circumstances placed on record. Whether the turnover returned by a dealer should be accepted or whether a higher turnover should be estimated by the assessing authotiry, it was held, must depend upon the facts and circumstances of each case. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee, though technically the account books were liable to be rejected in terms of sub- section (2) of Section 12 of the U.P. Trade Tax Act. When the matter came to be considered by the Trade Tax Tribunal, it observed that the discrepancy stated by the assessing authority was of one Kg. while the appellate authority stated that the discrepancy was of 500 grams only and, therefore, the matter required further investigation. Another observation made by the Tribunal was that according to the revenue, the thermo state patti was utilised in manufacture of goods, but it had not been investigated that in what kind of manufacture of goods, it was utilised and the quantity of goods that could have been manufactured from the extent of the discrepancy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e authority can only be exercised in the ends of justice and not for an oblique purpose and for an excuse only with a view to provide a fresh innings to the Revenue. The discrepancy both in terms of the weight and value was so trivial that it was not worth taking notice of having regard to the magnitude of business and the quantum of taxable turnover, which were returned by the revisionist assessee. 10. The order of the Trade Tax Tribunal, therefore, cannot be sustained on the facts of this case. On this view normally the matter should have been restored to the Tribunal to decide the appeal on merits giving rise to this revision. But considering the facts and that the discrepancy was so negligible, I am of the opinion, that instead of re ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
