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M/S R.K.IRON INDUSTRIES versus THE COMMISSIONER OF TRADE TAX

High Court of Judicature at Allahabad

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M/S R.K.Iron Industries v. The Commissioner Of Trade Tax - SALES/TRADE TAX REVISION No. 669 of 2000 [2006] RD-AH 18962 (9 November 2006)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

COURT NO.22

TRADE TAX REVISION NO.669 OF 2000

M/S R.K. Iron Industries, Nunihai, district Agra.       ....Applicant

Versus

The Commissioner of 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 31.03.2000 relating to the assessment year 1987-88 under U.P. Trade Tax Act.

Applicant was carrying on the business of manufacture and sale of C.I. castings. Books of account of the applicant had been rejected and the turn over was enhanced mainly on the basis of the excess stock of the finished goods found at the time of survey dated 20.10.1997. Assessing authority had enhanced the turn over by Rs.5 lacs, which has been affirmed by the first appellate authority. Tribunal has reduced the suppressed turn over to Rs.3 lacs.

Heard learned counsel for the parties.

Learned counsel for the applicant submitted that the estimate of turn over is arbitrary. He submitted that at the time of survey dated 20.10.1997 made by S.T.O. (S.I.B.) stock was mentioned by estimate and not by physical verification and, therefore, no reliance can be placed on the stock mentioned in the survey report. He submitted that on the very next day, objection has been filed disputing the stock mentioned in the survey report dated 20.11.1997. Learned Standing Counsel submitted that at the time of survey partner of the firm, Sri Madan Gopal was present and in his presence survey report was prepared. No objection has been raised by the person present at the time of survey  when the stock was taken. He submitted that as per applicant's own showing in the written submission there was excess stock of 15945 Kg. of C.I. castings.  Tribunal has reduced the turn over at Rs.3 lacs taking into account of value of stock of C.I. castings at Rs.2.20 lacs found in excess.

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

I do not find any justification to interfere with the order of the Tribunal.  The only dispute before the Tribunal was estimate of turn over, which can not be said to be without any basis.

In the result, revision fails and is accordingly, dismissed.

Dt.09.11.2006

R./


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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