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TMI Blog2019 (7) TMI 1126X X X X Extracts X X X X X X X X Extracts X X X X ..... the goods. There were also vouchers prepared by the assessee. All of them were produced before the assessing authority. However, the assessing authority has completely ignored the same and rejected the claim of job work without any basis. On a perusal of the orders passed by the three authorities, the submissions advanced by both counsel appear to be correct, inasmuch as none of the authorities has applied its mind as to the claim of job work made by the assessee. While the assessing authority and the Tribunal had rejected the claim of the assessee, the first appellate authority has accepted the claim without recording any specific reasons. Revision disposed off. - Sales/Trade Tax Revision No. - 291 of 2017, 1804 of 2007 - - - Date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Cee General Industries Pvt. Ltd. worth ₹ 9,74,553/- during the year in question. However, the authorities have erred in considering part of the Form 3B to be not related to the year in question. Also, it has been submitted that the purchasing dealer was never offered for cross-examination to the assessee and therefore no adverse inference may have been drawn on the basis of alleged entries found recorded in the books of the purchasing dealer. 4. On the issue of rejection of books, it has also been submitted that the 5 disputed bills that were allegedly sent to the assessing officer by the headquarters of the revenue authorities were never confronted to the assessee. He was never given any opportunity to rebut the same ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allegation made against him with respect to the 5 bills. 6. On the aforesaid issue, upon consideration of the arguments advanced by learned counsel for the parties and upon perusal of the record, it appears that, the two bills namely 686 and 677 were neither cancelled nor found recorded in the regular books of accounts of the assessee despite opportunity being granted to the assessee. The technical objection being raised that no specific show cause notice was issued to the assessee, may not detain the Court in light of the facts noted above which clearly bring out the true nature of the assessment proceedings wherein the assessee was granted and he did avail the opportunity to meet the allegation levelled on him by the rev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed a conclusion that Form-3B No.040213 though issued on 23.07.2004, it was also with respect to bills with respect to transactions performed during A.Y. other than 2003-04. 9. The value of the two bills which have been found not recorded in the books of accounts of the assessee is ₹ 4,91,000/-. The same could not have resulted in the increase in the estimated turnover from almost ₹ 19.50 lakhs to ₹ 51.50 lakhs. That enhancement appears to be based on other findings of the assessing authority wherein he had rejected the claim of job work made by the assessee. On the issue of job work, learned counsel for the assessee has submitted, neither the assessing authority nor the Tribunal have recorded any cogent fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... material bearing on the quantification of best judgment, it is desirable that the matter be remitted to the first appellate authority to pass a fresh order with respect to quantification of the best judgment assessment keeping in mind the quantum of two unaccounted bills of ₹ 4,91,000/- and after reaching a finding whether the assessee had infact engaged in job work transaction or not. 12. Needless to add, in case the claim of job work is rejected, quantification would be made proportionate to that transaction also in addition to the undisclosed sale of ₹ 4,91,000/-. If, however, the claim of job work transactions is accepted as a fact then the best judgment assessment shall be made only on the basis of value of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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