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TMI Blog2019 (1) TMI 308X X X X Extracts X X X X X X X X Extracts X X X X ..... ction of it's books of accounts but not to enhanced estimation of it's turnover. In the present case, the Tribunal had recorded a specific finding that the estimation made by the assessing authority and the first appellate authority did not rest on any valid ground. In face of such finding, the further conclusion drawn by the Tribunal to estimate the enhanced/concealed turnover is, therefore, clearly selfcontradicted and cannot be sustained. Rejection of books of accounts cannot be upheld - revision allowed - decided in favour of the applicant-assessee. - Sales/Trade Tax Revision No. - 375 of 2018 - - - Dated:- 3-1-2019 - SAUMITRA DAYAL SINGH,J. For the Applicant : Praveen Kumar For the Opposite Party : C.S.C. ORDER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds or with respect to the concealment of goods. 5. In fact, the Tribunal had itself recorded a specific finding that there did not exist any credible material or evidence in support of estimation of concealed turnover of purchase and sale of goods. Therefore, it has been submitted that the subsequent finding of the Tribunal reducing the estimated turnover of purchase and sale of goods to ₹ 10 lakhs and ₹ 20 lakhs is wholly perverse and self-contradicted by the own finding of the Tribunal, wherein it has recorded that the assessing authority and first appellate authority had not given any reasoning for making the estimation of concealed turnover of purchase and sale of goods. Once that was the finding of the Tribunal, it has b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s account books, may only have given rise to rejection of it's books of accounts but not to enhanced estimation of it's turnover. 10. As for the eleven tax invoices having been found cancelled during the assessment year, they may have given rise to a suspicion to the assessing authority to examine the matter both with respect to the transactions that may have been disclosed in the cancelled invoices, as also otherwise. However, the same could not have itself given rise to inference of concealed turnover. 11. A suspicion, howsoever, strong may never itself become the basis for enhancement of turnover. For that enhancement to arise, some cogent material or evidence must exist on record on which such estimation may rest. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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