9911796707
TMI Blog2015 (3) TMI 1195X X X X Extracts X X X X X X X X Extracts X X X X ..... er passed by the DC(A) has been sustained. It relates to the Assessment Year 2000-01. 2. Brief facts of the case are that a survey was conducted on 19/02/2001 by the Assessing Officer at the business premises of the respondent-assessee and it was noticed that the assessee is dealing in utensils, umbrellas, general kirana goods etc. and during the course of survey at three floors and eleven godowns of the respondent-assessee, on the basis of the books produced and the actual stock found, it was noticed that the total weight of the steel utensils was 7415 Kg. with a value of Rs. 5,19,050/- while the goods to the extent of Rs. 3, 07,375/- were found recorded in the books of accounts and thus excess stock to the tune of Rs. 2,11,675/- wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd substantial question of law arise out of the order passed by the Tax Board. 6. Per-contra, ld. counsel for the respondent-assessee while controverting the arguments advanced by ld. counsel for the petitioner-Revenue, supported the order passed by the Tax Board and submits that the order passed by the Tax Board is in accordance with law and there is no illegality, infirmity or perversity in the order passed by the Tax Board and the order passed by the Tax Board requires no interference. 7. I have considered the arguments advanced by counsel for the petitioner-Revenue and have gone through the material available on record. 8. For the sake of convenience, the provisions of Section 77(8) of the RST Act and Rule 50 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Search of person may be made, but in case of a woman, it shall be carried out by a woman. (f) A list of goods, articles and documents seized in the course of the search and of the places in which they were found shall be prepared by such officer and shall be signed by the witnesses. A copy of such list shall be tendered to the dealer or the person concerned and a copy thereof shall be forwarded to the Commissioner within twenty four hours after the completion of such search. (2) The accounts, registers and documents may be examined without calling witnesses by the officer empowered under section 77, but in the case of seizure thereof, the following procedure shall be adopted:- (a) Seizure of accounts, registers, and documents shall b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... different sizes and of different weights but the authorized officer has weighed such stock on the basis of total weight which appears to be not proper. It is further a finding of fact that the authorized officer has valued the goods at the rate of Rs. 70/- per KG whereas no basis has been given for adopting such rate of Rs. 70/- per KG. The Tax Board has also found that as per Rule 50 every item is to be weighed separately and a list is required to be made of every item found separately alongwith its size etc. but a finding of fact has been recorded that no such list or details was made by the authorized officer. Even the counsel for the revenue was unable to controvert the above findings. 10. Rule 50 of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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