- (1.) Heard Sri B.K. Pandey, learned Counsel for the department and Sri Krishna Agarwal, learned Counsel for Assessee.
(2.) This trade tax revision filed by the department is directed against the order of the Trade Tax Tribunal dated 5th October, 2003 passed in Second Appeal Nos. 91 of 2002 and 92 of 2002 (Assessment Year 1998-1999) whereby the Tribunal has reduced the best judgment assessment turn over in respect of food-grains from Rs. 50 lacs to Rs. 35 lacs and similarly in respect of Khali, it has been reduced from Rs. 10 lacs to Rs. 8 lacs.
(3.) Learned Counsel for the department submits that such reduction in the best judgment turn over is based on mere presumptions by the Tribunal without any reference to any relevant material fact, which can justify such reduction. Learned Counsel for the department submits that a surprise raid of the premises was carried out on 23rd June, 1998. A diary was seized which recorded certain uncounted transactions. The stock register was found incomplete. On that basis, best judgment assessment was made. He submits that the Trade Tax Tribunal has completely ignored that only a part of the year had elapsed on the date of seizure. Best judgment assessment has to be made for the entire year having due regard to the total quantity, which has not been disclosed in the account book for the period between 1st April, 1998 to the date of surprise raid i.e. 28th June, 1998. Reference has also been made to the judgment of this Court in the case of Jai Ambey Trading Company v. Commissioner of Sales Tax,2003 UPTC 1276, wherein in paragraph-8 this Court has held as follows: 8. From the aforesaid decision it is clear that the suppressed sales of the period as held by the Hon'ble Supreme Court in the case of Commissioner of Sales Tax, M.P. v. H.M. Yusuf Ali,32 STC 77, provides material for enhancing the turnover for the assessment year. It can be multiplied. The question is as to whether the Tribunal has determined the turnover on relevant material or not. From the perusal of the impugend order it is clear that the Tribunal has found that the applicant had dispatched 61 trucks of wheat which was not recorded in the books of accounts during shop span of one and half months. This itself goes to show that the Assessee was carrying on business on large-scale. Thus, the determination of turnover on the basis of seizure made on 13-5-1985 cannot be said to be arbitrary. The revision lacks merit and it is dismissed as such.;