9911796707
TMI Blog2019 (8) TMI 1166X X X X Extracts X X X X X X X X Extracts X X X X ..... proof was not required to be satisfied at that stage - Insofar as the assessing authority received information, that assessee had engaged in sales outside books and he further received information in shape of photcopy invoices in support of that allegation, there was relevant material to form the reason to believe that turnover had escaped assessment. It's sufficiency is not a matter to be considered at that stage - answered in the affirmative i.e. against the applicant-assessee and in favour of revenue. Addition on the basis of such photo-copy invoices - no other evidence to establish performance of such transaction - HELD THAT:- Merely, because the re-assessment proceedings may have been validly initiated, may not result in additio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ablish performance of such transaction? 2. Accordingly, the matter has been proceeded. 3. The present revision has been filed by the assessee against the order passed by Trade Tax Tribunal, NOIDA, dated 7.4.2007, in second appeal no. 72 of 2003, for A.Y. 1997-98 (U.P.). By that order, the Tribunal has allowed the revenue's appeal and set-aside the first appeal order. Thus, the re-assessment order passed under Section 21 of the U.P. Trade Tax Act, 1948 (hereinafter referred to as the 'Act') has been affirmed. 4. During the assessment year in question, the assessee was engaged in manufacture and sale of flexible plain/printed metallized films. Under it's business pra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8. The first appeal authority accepted the contention raised by the assessee and held that, other than the four photocopy documents, claimed to be copies of undisclosed invoices, there was no material in support of the allegation made against the assessee. The Tribunal has reversed those findings on the reasoning that the printing on the photocopied invoices is comparable to the original printing of the similar invoices, issued by the assessee. 9. Heard Ms. Pooja Talwar, learned counsel for the applicant-assessee and Sri B.K. Pandey, learned Standing Counsel for the revenue. 10. Learned counsel for the assessee would submit, other than the four photocopied invoices received by the assessing office ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on may also be received in various forms including photocopy of documents, etc. Insofar as the present case, the re-assessment proceedings were initiated on the basis of a reason to believe that the transactions represented by the photocopies of invoices had escaped assessement, the same did not suffer from any jurisdictional error. For the purpose of recording a valid reason to believe, it was neither required nor necessary for the assessing authority to first confirm whether an addition would necesssarily follow. That degree of proof was not required to be satisfied at that stage. Insofar as the assessing authority received information, that assessee had engaged in sales outside books and he further received information in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me and the Tribunal has erroneously reversed that order by referring to a similar nature of printing on the photocopied documents, as compared to the other original invoices issued by the assessee, when admittedly no original document or invoice, with respect to alleged escaped transactions had been produced by the revenue. Therefore, in absence of any other direct or corroborative material or evidence to establish undisclosed turnover, the findings recorded by the Tribunal are found to be perverse and based on no evidence. 16. In view of the above, question of law no. 2 (as framed above), is answered in the negative i.e. in favour of the assessee and against the revenue. 17. Accordingly, the rev ..... X X X X Extracts X X X X X X X X Extracts X X X X
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