2019 (12) TMI 57

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..... tion or of excess production, the conclusion drawn by the Tribunal to uphold rejection of books of accounts and to sustain the estimation of turnover to any extent is self contradicted by the Tribunal's own finding. Revision allowed - decided in favour of the assessee and against the revenue. - SALES/TRADE TAX REVISION No. - 67 of 2013 - - - Dated:- 6-11-2019 - Hon'ble Saumitra Dayal Singh, J. Counsel for Revisionist:- Shubham Agrawal Counsel for Opposite Party:- C.S.C. ORDER 1. Heard Sri Shubham Agrawal, learned counsel for the assessee and Sri B.K. Pandey, learned Standing Counsel for the revenue. 2. Present revision has been filed by th .....

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..... en consistently held by this Court, it is apparent that the rejection of books of accounts of the assessee on this solitary ground cannot be sustained. More importantly this court notices that a reasonable and plausible explanation had been duly proffered by the assessee to explain the irregular electricity consumption. The Court notices that neither the assessing authority nor the Tribunal disputed or doubted the disclosures made by the assessee in respect of the accident which had taken place in its business premises. The order of the Tribunal as also that of the assessing authority cannot be sustained even on this score. 5. Similarly, it has been submitted that in the present year as well, there is no adverse material oth .....

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..... ise authorities and that the raw material was of poor quality, there did not exist any material to reject the books of accounts of the assessee solely on account of electricity consumption appearing to be in excess. 10. In absence of any material brought on record as may evidence sale of raw material in the same form and condition or of excess production, the conclusion drawn by the Tribunal to uphold rejection of books of accounts and to sustain the estimation of turnover to any extent is self contradicted by the Tribunal's own finding as have been noted above. 11. Accordingly, the present revision is allowed. The question of law, as framed above, is answered in the negative i.e. in favour of the assessee .....

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