M/S SHARADA IRON STORES Vs. COMMISSIONER, COMMERCIAL TAX
LAWS(ALL)-2017-4-311
HIGH COURT OF ALLAHABAD
Decided on April 28,2017

M/S Sharada Iron Stores Appellant
VERSUS
COMMISSIONER, COMMERCIAL TAX Respondents

JUDGEMENT

ASHWANI KUMAR MISHRA,J. - (1.) In respect of assessment proceedings for the year 2010-11, the books of account of assessee have been discarded by the authorities based upon a survey conducted on 16.12.2010. In survey, undisclosed sale of Rs. 9,05,128/- was discovered, apart from transaction of 787 bags of cement and other items like stone ballast etc. Tribunal on the basis of materials placed has partly allowed the appeal by reducing liability of tax by Rs. 2,12,248.44/-.
(2.) Learned counsel for the revisionist submits that there was no basis to determine the liability of assessee. This contention is disputed by learned Standing Counsel.
(3.) From the materials placed before this Court, it appears that Tribunal has taken into consideration the materials collected during course of survey on 16.12.2010 and based thereupon has determined the turnover of assessee as well as consequential liability to pay tax. Such determination cannot be said to be perverse or erroneous. This Court in exercise of revisional jurisdiction is not required to reappraise the evidence. The question posed for consideration is thus answered by holding that Tribunal has correctly determined liability of assessee to pay tax.;


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