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TMI Blog2017 (2) TMI 1398X X X X Extracts X X X X X X X X Extracts X X X X ..... on the ground that there was excess consumption of electricity in auxiliary works - Held that:- The view so taken by the Tribunal is in apparent conflict that the ratio of law laid down by this Court in M/S Shyam Rice Mills [1987 (12) TMI 336 - ALLAHABAD HIGH COURT]. This Court had relied upon two previous judgement, which have been referred to in the decision to hold that mere excess consumption ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ailable and placed before the authorities, and there is no inconsistency. Learned counsel for the assessee contends that the view taken by the tribunal is inconsistent, and in teeth of the law laid down in M/S Shyam Rice Mills Vs. Commissioner of Sales Tax, U.P. reported in 1988 U.P.T.C. 375. Paragraph 13 of the judgement, which is relied upon, is reproduced:- "Coming to the third ground, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 's account books." With reference to the aforesaid exposition of law, learned counsel submits that Tribunal was wholly unjustified in discarding the books of account only on account of the fact that the consumption of electricity was found to be on a higher side. Learned Standing Counsel although has attempted to support the view taken by the tribunal, but fairly states that the only ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itself would not be sufficient to discard the books of account.
I am in the respectful agreement with the view so taken. There is nothing on record to show that accounts furnished were otherwise not reliable. In such view of the matter, the tribunal was not justified in discarding the books of account for the reasons recorded in the order. The question of law is answered accordingly. X X X X Extracts X X X X X X X X Extracts X X X X
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