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M/S AAKASH TRADERS versus COMMISSIONER OF TRADE TAX

High Court of Judicature at Allahabad

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M/s Aakash Traders v. Commissioner Of Trade Tax - SALES/TRADE TAX REVISION No. 158 of 2005 [2005] RD-AH 617 (3 March 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court no.55

TRADE TAX REVISION NO.158 of 2005

M/S Aakash Traders, Auraiya (U.P.).                   Applicant

Versus

Commissioner, Trade Tax, U.P. Lucknow.        Opp.Party.

Hon'ble Rajes Kumar, J.

Present revision under Section 11 of U.P. Trade Tax Act (hereinafter referred to as "Act") is directed against the order of Tribunal dated 28th January, 2005 relating to the assessment year, 1999-2000.

Applicant was engaged in the business of food-grain, oil-seed, paddy etc. Applicant alleged to have maintained books of account and disclosed the taxable purchases at Rs. 5,34,800/-. Assessing authority rejected the books of account and estimated the taxable purchases at Rs. 60,34,800/- which has been reduced to Rs.35,34,800/- in appeal. Before the Tribunal, appeals have been filed by the Commissioner of Trade Tax as well as applicant. Tribunal vide impugned order rejected both the appeals.

Heard learned counsel for the parties.

Learned counsel for the applicant submitted that no basis whatsoever has been given for enhancing the turnover by Rs.30 lacs.

I have perused the order of the Tribunal and the authorities below.

None of the authorities have given any basis for estimate of the turnover. If some suppression of paddy was found at the time of survey, authorities below should have considered the value of such quantity, season of business of and other consideration and thereafter estimated the turnover, but nothing has been considered. Estimate of the turnover appears to be arbitrary and without any basis. In the circumstances, matter requires reconsideration by the Tribunal.

In the result, revision is allowed. Order of the Tribunal is set aside and the Tribunal is directed to decide the appeal no.107 of 2003 for the assessment year, 1999-2000 afresh in the light of the observations made above.

Copy of this order may be supplied to the learned counsel for the applicant on payment of usual charges within three days.

Dated.03.03.2005.

VS.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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