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TMI Blog2016 (11) TMI 82X X X X Extracts X X X X X X X X Extracts X X X X ..... st and proceeding to undertake a best judgment assessment. The rejection of the books of accounts by the assessing authority was an outcome of the circumstances that on two occasions the business premises of the revisionist were inspected and on both occasions, the relevant books and other records were not produced for inspection. During the course of inspection of the business premises of the revisionist, a parcha was found which seemed to indicate that transactions were being undertaken by the assessee without the same being duly disclosed and accounted for in his books of accounts. Treating the failure on the part of the assessee to produce the relevant books at the time of survey as adverse and fatal as well as based upon the material ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said to be evidenced from the parcha which was found in the course of the said inspection had been duly entered in the books and therefore also no adverse inference could be drawn against the assessee. Sri Pandey, learned standing counsel has rested his submission upon a judgment rendered by the Supreme Court in Commissioner of Sales Tax Vs. Mohan Brick Field, Agra 2007 U.P.T.C. - 1 and submits that failure on the part of the assessee to produce the books of accounts at the time of survey is a factor which can be duly taken into consideration by the assessing authority to reject the books of accounts and proceed to undertake a best judgment assessment. Sri Pandey further contends that the orders passed by the assessing authority were not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee to offer plausible explanation as to why they were not produced at the time of survey. The burden is on him to show as to why no adverse inference should be drawn." As would be evident from the principles elucidated by the Supreme Court in the judgment aforementioned, a failure on the part of the assessee to produce the relevant books of accounts can validly form one of the circumstances which may weigh with the assessing authority to reject the books of accounts. As rightly pointed out by Sri Pandey a failure to produce the accounts books on the date of survey was sufficient to turn down the self assessed turnover. The submission of Sri Kumar that the alleged undisclosed sale had been duly entered in the accounts which were ..... X X X X Extracts X X X X X X X X Extracts X X X X
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