ASHWANI KUMAR MISHRA,J. - (1.) In respect of assessment proceedings 2000-01, a survey was conducted on 25th August, 2000, and no infirmity of any kind was found. Subsequently, a survey was conducted at the premises of one M/s. S.K. Cement Store on 31 August, 2000, and it was found that certain bags of cement was found in its premises, containing challan issued by the revisionist. Upon further verification, it was found that bills in respect of such challan, had been issued on a subsequent date, and relying upon this fact, revisionist's books of account have been discarded, and thereafter, income has been enhanced so as to impose liability of tax. Such order of the Assessing Authority has been affirmed in appeal and second appeal. Thus aggrieved, revisionist is before this Court in the present revision.
(2.) Learned counsel for the revisionist contends that it is an standard practise that challan is issued first, and a bill in respect of such transfer, is issued on a subsequent date, and no exception can be taken to it. It is also stated that the issuance of challan, as well as the bills have all been accounted for in the books of account of the revisionist, and categorical finding is returned in that regard in the order of the Tribunal. Submission is that once books of account had been found to be in order, otherwise, the same could not be discarded merely on account of difference in the date of challan and the bill issued.
(3.) Learned Standing Counsel has attempted to justify the order, but there is no dispute on the factual proposition that all challans and bills issued by revisionist were duly reflected in the books of account.;