M/S PARIJAT PAPER MILLS LTD. Vs. COMMISSIONER TRADE TAX
LAWS(ALL)-2017-7-270
HIGH COURT OF ALLAHABAD
Decided on July 26,2017

M/S Parijat Paper Mills Ltd. Appellant
VERSUS
COMMISSIONER TRADE TAX Respondents

JUDGEMENT

SUNEET KUMAR,J. - (1.) The revision is directed against the order dated 15 June 2006 passed by the Trade Tax Tribunal, Muzaffar Nagar Bench, Muzaffar Nagar (Tribunal), in Second Appeal No. 553 of 2003 (M/s Parijat Paper Mills Ltd., South Civil Lines, Muzaffar Nagar v. Commissioner, Sales Tax, Uttar Pradesh) for the assessment year 2001-02 under the U.P. Trade Tax Act, 1948.
(2.) The revisionist assessee, a company registered under the Companies Act, 1956, is engaged in the business of manufacture and sale of Kraft Paper. On survey being conducted by the Special Investigation Branch, Muzaffar Nagar, on the strength of the papers seized, the Tax Authority rejected the account books and passed assessment order on best judgement, thereby, enhancing the taxable turnover of purchase, consequently, imposed tax. Aggrieved, assessee preferred first appeal before the Joint Commissioner (Appeals), Trade Tax, Muzaffar Nagar. The order of the Assessing Authority was upheld, however, the turnover of sales was reduced. The assessee, as well as, revenue assailed the order in separate second appeals before the Tribunal. The appeal of the revenue was dismissed, whereas, the appeal of the assessee was partly allowed by reducing the tax liability, however, the rejection of books of account was upheld.
(3.) Learned counsel for the revisionist would press the question of law referred at 'A to E'. The question referred primarily is as to whether the Tribunal was justified in upholding the rejection of books of account though in RG-1 register, Reel Register and Cash Book were duly entered.;


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