- (1.) This is a revision under Section 11 of the U. P. Trade Tax Act, 1948 against the order of the Tribunal dated November 25, 2010 for the assessment year 2007-08.
(2.) The applicant was carrying on the business of manufacturing and sales of tobacco. The tobacco, chemicals, perfumes, masala, etc., are the raw materials. The books of account has been rejected on the basis of the survey dated September 25, 2007 wherein the stock of tobacco, sada kimam, L. L. P., masala, sarbital, perfumes at 18.750 kgs, 50 kgs, 110 kgs, 115.50 kgs, 165 kgs and 137.700 kgs was found less than the stock recorded in the books of account. At the time of survey, the proprietor of the firm was present. No explanation with regard to the shortage in the stock was given at the time of survey. The assessing authority has estimated the value of stock at Rs. 2 lac and has estimated the suppressed turnover within the State of U. P. at Rs. 15 lacs apart from the purchases of raw materials from the unregistered dealer.
(3.) Being aggrieved by the order of the assessing authority, the applicant filed appeal before the Additional Commissioner, Grade 2 (Appeal), Commercial Tax, Zone First, Varanasi. The appeal has been allowed and the estimated turnover and tax thereon have been deleted.;