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TMI Blog2018 (7) TMI 1266X X X X Extracts X X X X X X X X Extracts X X X X ..... with the revisionist firm. The loose parchas clearly indicates and tallied with the dates of purchase, vehicle numbers, quantity, value and the name of persons etc. The parcha numbers did not describe the invoice number as well as the book number, therefore, it cannot be tallied with the books found at the time of survey at the business premises of the revisionist. The contention of the revisionist is not correct nor the same is based on any material. In fact, in the impugned order of the Tribunal, it is noticed that the figure being ₹ 4,97,300/- is wrongly typed/mentioned as ₹ 49,73,000/-which learned counsel for the revisionist has accepted - there is no error in the order of the tribunal. Even otherwise also, there are no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt is submitted by the SIB and the assessing authority of the revisionist has proceeded to pass the assessment order by considering the loose parchas which were recovered at the time of survey as well as the Report and accordingly after due consideration he has assessed tax for assessment year 2013-14 at ₹ 16,89,741.91/-, whereas the assessee has admitted the tax liability to the tune of ₹ 2,95,294/-. The tax was assessed for the assessment year 2014-15 at ₹ 13,94,447/- as against admitted tax of ₹ 7,08,085/-. Aggrieved by the orders of assessment, the revisionist has filed an appeal before the Additional Commissioner (Appeal), Sonbhadra disputing the imposition of tax which has been enhanced and estimated by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the enhancement of tax liability is made only on the basis of aforesaid survey, therefore, the order of estimate and enhancement of tax is bad in law. Learned counsel for the revisionist has submitted that in fact the assessing authority has rejected the books of account and disclosed purchases and sales on the basis of two loose purchas namely parchas No.4 and 5 which are admittedly recovered during the course of survey but since the survey is also conducted at two other firms namely M/s Raj Gharana Enterprises and Maa Durga Enterprises, therefore, it cannot be ruled out that loose parchas recovered from the business place at the time of survey may belong to other firm. Learned counsel for the revisionist has further submitted that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e revisionist was asked to produce the reckoner khata, purchase invoice, other books of account but the same are not produced during whole day of the survey proceedings held on 24.04.2014. With regard to parcha no.4 the authorities have noticed that the entries are mentioned with effect from 08.03.2014 to 05.04.2014 of different vehicles and in the said purcha the names of different firms as well as total sales were described/mentioned as ₹ 52,42,378/-. It is further mentioned that the assessee-revisionist was asked to give proper explanation about the aforesaid parcha no.4 as well as parcha no.5 but he, in fact, refused the transaction so mentioned in those parchas. The Tribunal has discussed the issue at great length and have con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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