- (1.) Heard Sri Kunwar Saksena, learned counsel for the revisionist and Sri B.K. Pandey, learned standing counsel for the State Department. This trade tax revision filed by the assessee is directed against the order of the Trade Tax Tribunal dated December 8, 2006 passed in Second Appeal No. 250 of 2006 (assessment year 2003-04).
(2.) Facts in short leading to the filing of the present trade tax revision are as follows : A survey was conducted at the place of business of the assessee by the Trade Tax Department on October 14, 2003. At the time of survey, various infirmities including sale of auto parts by the assessee through estimate books other than cash memos, etc., were found. The assessee did not produce any accounts books at the time of survey.
(3.) Having regard to the seized documents, the discrepancies noticed in the sale and the mode and manner of preparation of records by the assessee, proceedings under section 41(8) of the Trade Tax Act were initiated. The proceedings culminated in an order dated April 30, 2004, wherein it was estimated that the assessee had entered in undisclosed sales to the tune of Rs. 10 lacs. On the said non-disclosure, sales tax at the rate of 12 per cent was levied.;