RAJES KUMAR, J. - (1.) PRESENT revision under Section 11 of the U.P. Trade Tax Act, 1948 (hereinafter referred to as 'the Act') is directed against the order of the Tribunal dated January 7, 2003 relating to the assessment year, 1990 -91.
(2.) THE dealer/opposite party (hereinafter referred to as 'the dealer') was carrying on the business of manufacture and sale of rice, oil, etc., and was also carrying on the business of foodgrain, oil -seed, etc. During the year under consideration, dealer had made purchases of rice bran for Rs. 70,220.50 and mustard khali for Rs. 2,56,476. The assessing authority rejected the books of account on the basis of the seized documents found at the time of survey dated May 30, 1990 and estimated the turnover by way of best judgment assessment at Rs. 1,65,45,539. The assessing authority levied the tax on the purchases of rice bran and mustard khali treating the dealer as first purchaser. Being aggrieved by the order of the assessing authority, dealer filed appeal before the Assistant Commissioner (Judicial), Sales Tax, Gorakhpur. The Assistant Commissioner 0udicial), Sales Tax, Gorakhpur, vide order dated September 6, 1993 remanded back the matter to the assessing officer with certain directions to make the enquiry. First appellate authority has mainly remanded back the case to examine the seized documents which were found at the time of survey with reference to the explanation given by the dealer. The issue with regard to the taxability on the purchases of rice bran and mustard khali has not been adjudicated. Being aggrieved by the order of the Assistant Commissioner (Judicial), Sales Tax, Gorakhpur, dealer filed appeal before the Tribunal. The Tribunal by the impugned order allowed the appeal in part and allowed the claim of exemption on the purchases of mustard khali being sold to solvent plant against form IIIB, though it has accepted that in exhibit No. 1, there was entry of Rs. 7 lacs relating to the suppressed purchases and stock of paddy of Rs. 2,60,000 was found less. The Tribunal has substantially reduced the turnover.
(3.) HEARD Sri B.K. Pandey, learned Standing Counsel and Sri Vishwjeet, learned Counsel appearing on behalf of the dealer -opposite party.;