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TMI Blog2019 (8) TMI 743X X X X Extracts X X X X X X X X Extracts X X X X ..... urt does not find any infirmity in the assessment proceedings or the impugned judgment and order passed by the Tribunal. Revision dismissed. - Trade Tax Revision No. - 5 of 2015 - - - Dated:- 14-8-2019 - Alok Mathur, J. For the Revisionist : Vaibhav Pandey,Yogesh Chandra Srivastava For the Opposite Party : C.S.C. Alok Mathur,J. 1. Heard Sri Vaibhav Pandey, learned counsel for the revisionist as well as learned Standing Counsel for the Revenue. 2. Present revision under Section 58(1) of the U.P. Value Added Tax ( hereinafter referred to as the VAT Act ) has been preferred against the judgment and order dated 16.10.2014, passed by the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Grade-II, Commercial Tax, Lucknow ( hereinafter referred to as the First Appellate Authority ), which was partly allowed by means of order dated 28.06.2013 and tax liability of ₹ 2,44,000/- was reduced from the total demand levied by the Assessing Authority. While passing the order the First Appellate Authority has recorded a finding that there was difference in stock to the tune of 7.316 MT of finished Iron products as well as 14.480MT of Iron Scrap which has been sold without making any entry into the books of account with intention to evade payment of tax. 5. Against the order of the First Appellate Authority, the revisionist preferred a second appeal before the Tribunal, which was also dismissed by means of impu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gment and order dated 24.07.2014 and the matter was remitted to the Tribunal to reconsider the matter and to pass fresh orders after hearing the parties concerned within a period of two months from the date of receipt of certified copy of the order. 9. The order impugned in the instant revision has been passed in pursuance to the aforesaid judgment passed by this Court in Trade Tax Revision No. 85 of 2014. 10. Perusal of the judgment passed by the Tribunal records the fact that excess stock having been found in the premises of the revisionist than what has been entered into the books of account leads to the irrefutable conclusion that the revisionist is involved in selling and purchase of Iron/Iron Scrap wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was himself available at the time when survey operations were being conducted and he informed the authorities about actual weight of the goods available in the premises. His submissions were recorded and he even signed on the survey note. There was no reason to doubt the submissions made by the Director. It is pertinent to mention here that the revisionist have not objected or challenged the statement of the Director either in the first appeal or in the second appeal or in the instant revision that the submissions of the Director Sri Om Prakash were obtained by duress or was not voluntary. 14. It has further been stated that the said statement made by the Director was never retracted and therefore there is no occasion to di ..... X X X X Extracts X X X X X X X X Extracts X X X X
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