9911796707
TMI Blog2024 (1) TMI 1299X X X X Extracts X X X X X X X X Extracts X X X X ..... was preferred which was partly allowed as 12 loose papers out of 14 loose papers got tallied only two papers, i.e. 13 14, an adverse inference was drawn against the revisionist granting partial relief, against which second appeal was filed by both the revisionist as well as by the respondent. Further, an adverse inference has been drawn against the revisionist with regard to Parcha Nos. 13 14 as well as variation of stocks, which could not properly been explained even before the appellate authority while rejecting the appeal. Once, the finding of fact with regard to variation of stocks has not been challenged which was also basis for rejecting the books of accounts and make the best judgment assessment, therefore impugned order cannot said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... impugned order as at the time of survey dated 23.12.2008, the books of accounts could not be adduced due to the fact that the books of accounts were maintained on computer i.e. soft copy. He next submits that after the end of the day, the bills were raised about all the sales. He further submits that the small traders get the goods purchase from the revisionist and in the evening, if the goods were not sold, the same were returned and thereafter, the bills were raised, therefore, no adverse inference should be drawn. He next submits that the Parcha Nos. 13 14, which are the tax invoices No. 322 dated 9.12.2008 were issued to M/s Nisha Stores, Mall, Lucknow, which was found at the business premises was an omission on the part of M/s Nisha S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d as 12 loose papers out of 14 loose papers got tallied only two papers, i.e. 13 14, an adverse inference was drawn against the revisionist granting partial relief, against which second appeal was filed by both the revisionist as well as by the respondent. Further, an adverse inference has been drawn against the revisionist with regard to Parcha Nos. 13 14 as well as variation of stocks, which could not properly been explained even before the appellate authority while rejecting the appeal. The finding of facts recorded by the tribunal reads as under:- 8. The finding of facts recorded against the assessee as above had not been assailed in the revision. Once, the finding of fact with regard to variation of stocks has not been challenged which ..... X X X X Extracts X X X X X X X X Extracts X X X X
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