9911796707
TMI Blog2019 (9) TMI 1470X X X X Extracts X X X X X X X X Extracts X X X X ..... , 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 Tribunal, Saharanpur dated 27.01.2009 passed in Second Appeal No. 10 of 2007 for A.Y. 2005-06 (U.P.). By that order, the Tribunal has dismissed the appeal filed by the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ime of making the estimation, the appeal authority had only considered the two bills disclosing the sale value Rs. 5,520/- only. 5. Having heard learned counsel for the parties and having perused the record, in the first place, in face of two bills having been discovered from the business premises of the assessee during the survey conducted on 21.01.2006 that were not found accounted for in the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Rs. 5,520/- discovered, that too, on one date, i.e. 01.01.2006, the estimation as has been sustained, bears no proportion being Rs. 5,25,000/-. The same cannot be sustained. 8. Normally, this Court would have remanded the matter to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
