9911796707
TMI Blog2022 (7) TMI 711X X X X Extracts X X X X X X X X Extracts X X X X ..... ppressed turnover of inter-state sale entered into by the assessee, it could be enhanced in the central assessment? B. Whether rejection of Form F is based on finding that is wholly perverse, inasmuch as, besides no defect found in Form F, all material documents such as Form 9R issued under U.P. Krishi Utpadan Mandi Adhiniyam, 1964 (hereinafter referred to as the Mandi Adhiniyam), bilty and challan evidencing physical dispatch of goods, stock register in Form 44 (issued under Mandi Adhiniyam), proforma invoice issued by ex-U.P. principal had not only produced but had been endorsed by the Assessing Officer upon inspection during assessment?" 3. Present revision has been filed by the assessee against the order of the Commercial Tax Tribuna ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... central assessment had arisen on wrong principle or no principle. 6. It is settled law - for the purposes of central assessment, there must exist material with the revenue authorities to establish that goods had moved from inside the State to outside pursuant to prior contract of sale. That principle extends to cases involving estimation of turnover on best judgement basis. Thus, unless the revenue claims existence of material disclosing sale arising from movement of goods from inside the State to outside, pursuant to prior contract of sale, enhancement to turnover may not arise on best judgement assessment basis, under the Central Sales Tax Act, 1956 (hereinafter referred to as the Central Act). 7. The enhancement made by Assessing Auth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ister was also shown to have been seen and endorsed by the Assessing Officer on 25.3.2006. 11. Thus, serious doubt arose as to the legality and sustainability of the finding recorded by the Assessing Officer that no books of accounts had been maintained by the assessee and no details had been furnished of consignments sent to ex- U.P. principal. On that, the original records had been summoned. 12. Upon perusal of the record, as produced, the contention of the assessee is found correct. Besides the original Form F, photocopies of the receipt/gate pass Form 9R (issued under the Mandi Adhiniyam), photocopies of the proforma invoice, bilty and stock register on Form 44 (issued under Mandi Adhiniyam) are found existing together with endorsemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hen issuance of Form F were not mandatory and, therefore, the Rules prescribed for other course to establish commission sale or to establish stock transfer etc could not have been invoked to override the change of law caused by the amendment. Thereunder, Form F was made mandatory. The alternative mode that exists for benefit of the assesse, prior to the amendment refused above, cannot now be relied to defeat the effect of amendment made. 15. The A.Y. in question is 2003-04. Eighteen years have passed and no further enquiry appears to be necessary in face of the facts noted above. Therefore, though in such matters, normally the Court would remit the matter, at present, no useful purpose would be served in that course being adopted. It would ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
