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2019 (9) TMI 1470

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..... of accounts of the assessee, the conclusion of rejection of books of accounts cannot be faulted. That finding of fact arises from material and evidence on record, as has been considered by the authorities - answered in the affirmative, i.e. in favour of the revenue and against the assessee. Estimation of turnover and tax at excessive rate - HELD THAT:- This Court does not interfere if such an .....

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..... -2019 - Saumitra Dayal Singh, J. Counsel for Revisionist :- Krishna Agarwal Counsel for Opposite Party :- C.S.C. ORDER Saumitra Dayal Singh, 1. Heard Shri Krishna Agarwal, learned counsel for the assessee and Shri Jagdish Mishra, learned Standing Counsel for the revenue. 2. Present revision has been filed by the assessee against the order of the Commercial Tax Tribuna .....

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..... t other than the two bills disclosing sale of ₹ 5,520/-, there were other material as have been discussed in the impugned order. However, perusal of the same reveals that at the time of making the estimation, the appeal authority had only considered the two bills disclosing the sale value ₹ 5,520/- only. 5. Having heard learned counsel for the parties and having perused the record, .....

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..... s worth ₹ 5,520/- (in all), there is absolutely no material considered by the assessing officer or the appellate authority for the purposes of making an estimation. It is a settled position in law that the estimation made must arise from and be proportionate to the evidence of undisclosed turnover. In the instant case, as against the undisclosed turnover ₹ 5,520/- discovered, that too, .....

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