- (1.) THIS is a revision arising out of an order of the Trade Tax Tribunal dated 24.06.2014 for the Assessment Year 2008 -09.
(2.) BRIEFLY stated the facts of the case are that the revisionist carried on the business of purchase and sale of Mentha Oil in his own account by virtue of a written composite agreement of purchase and dispatch on behalf of Ex -UP principal. In the earlier assessment proceedings the order was passed by the Assessing Authority on 08.01.2010 and relying upon a survey report of the SIB it was accepted that the revisionist was a commission agent and also that 278 drums of Mentha Oil found during survey conducted on 28.08.2008 was mentioned in the books of account of the Company and was sold in U.P. due to disturbances caused in Jammu relating to allotment of land to the Amarnath Shrine.
(3.) THE submission of Sri Naresh Chandra Mishra, learned counsel for the revisionist is that at the internal page 25 of the order of the Assessing Authority reference has been made to the survey report and it is a mentioned that the investigation was conducted in the night at 12 P.M. and continued till 8.30 A.M. in the morning and the accountant came to be business premises of the revisionist at 8.30 A.M. in the morning. On the instructions of the investigating team, the Accountant opened the Almirah and produced the cash book, ledger, stock register etc. and handed over the same to the authorities, who seized the same, and recorded its findings that in such circumstances it cannot be said that the revisionist had any opportunity to manipulate the records as he has no time to do so and that the entries in the seized documents would be accepted as having been made prior to its seizure and so far as to whether the sale was an inter -state sale or otherwise findings to that effect have already been recorded earlier in the order. Nevertheless the Assessing Authority made a best judgment assessment and has further recorded that so far as inter -state sale is concerned, the revisionist commission agent has declared a total purchase of Rs. 3,30,83,64,741/ - with a weight of Rs.51,28,560 Kg. and opening stock of Rs.61,27,200/ - weighing 13,320 Kg. Thus total value of dispatch being Rs. 3,31,44,91,941/ - (purchase value) and 68,75,106 (expenses plus commission) and a dispatch of Rs. 3,32,13,67,047/ - weighing 51,41,880 kg. as declared by which form -F was available on record. It is also recorded by the Assessing Authority that on examination of Form -F, prima facie, the documents appear to be correct and therefore, Rs.3,31,44,91,941/ - weighing 51,41,880 kg. towards inter -state sale was liable for exemption from tax. Nevertheless, the Assessing Authority assessed tax based upon best judgment assessment and also imposed penalty of Rs.13,01,040/ -.;