- (1.) This is a revision under section 11 of the U. P. Trade Tax Act, 1948 (hereinafter referred to as, "the Act") against the order of the Tribunal dated October 18, 2010 for the assessment year 2001-02.
(2.) The applicant was carrying on the business of manufacturing of glass bangles, glasswares and glass tubes. The assessee disclosed the sales of bangles with effect from November 1, 2001 at Rs. 29,76,000. The bangles have been exempted from tax with effect from November 1, 2001. The assessing authority has rejected the books of account and estimated the turnover at Rs. 84,80,550 as against the disclosed turnover of Rs. 79,26,000. On the basis of the survey dated November 16, 2002, wherein the munim has stated that no manufacturing of glass bangles was carried on since last four years, the assessing authority has held that the applicant had not manufactured glass bangles but had manufactured glasswares and accordingly the suppressed sales of glasswares at Rs. 35,20,000 has been estimated.
(3.) Being aggrieved by the order of the assessing authority, the applicant filed appeal before the Joint Commissioner (Appeal), Mainpuri. The Joint Commissioner (Appeal), Mainpuri, vide its order dated November 30, 2004 allowed the appeal in part. The appellate authority has upheld the rejection of the books of account and has estimated the taxable turnover of glass bangles at Rs. 14,00,000 for the period April 1, 2001 to October 31, 2001. The appellate authority has held that for the assessment years 1999-2000 and 2000-01 the applicant had disclosed the sale of glass bangles at Rs. 68,51,265 and Rs. 24,28,745, respectively which had been accepted by the assessing authority in these years. The applicant had disclosed the sales in every month. In the assessment year 2001-02 the sales from November 1, 2001 has only been disclosed, which is doubtful and cannot be accepted. The appellate authority accordingly estimated the sales of glass bangles at Rs. 14,00,000 for the period April 1, 2001 to October 31, 2001.;