ASHWANI KUMAR MISHRA,J. - (1.) This revision is by the Revenue, challenging the order passed by the Tribunal dated 19.9.2015, whereby books of account of the assessee have been accepted and on the escaped turnover additional liability of tax has been imposed.
(2.) Attention of the Court is invited to the fact that four surveys were conducted at the establishment of the assessee situated at Kanpur and Noida on 22.3.2013 and 28.12.2013. On 22.3.2013 survey was conducted at the Kanpur unit and at two different units situated at Noida, and following undisclosed turnover was quantified. (i) Survey of Kanpur Unit on 22.3.2013 Rs. 10,77,658/- (ii) Survey of Noida Unit at D-43 Sector -63 Noida on 22.3.2013 Rs. 11,35,121/- (iii) Survey of Noida Unit at D-32 Sector -63 Noida on 22.3.2013 Rs. 1,85,23,364/-.
(3.) A Fourth survey was conducted on 28.12.2013 at one of the premises of assessee at Noida and escaped turnover was held to be Rs. 13,53,58,116/-. Tribunal, by a detailed judgment has examined all such materials as well as the books of account of the assessee. A finding has been returned that the books of account on 22.3.2013 clearly reflected larger quantity of stocks than what was actually found on spot. The order further records that there was no physical verification and only estimated figures were taken. The Tribunal, on factual aspects, has examined the figures and the conclusion drawn by the authorities, based upon survey conducted at three different places on 22.3.2013, have been dealt with. A specific finding has been returned that stocks found at the time of survey were clearly reflected in the books of account and the conclusions drawn of escaped turnover was baseless in respect of Kanpur campus and the unit at D-43, Sector -63 Noida. In respect of the survey conducted on 28.12.2013, the Tribunal has examined the figures and it was found that the quantity of lime determined at the time of survey was misconceived inasmuch as each tin was of 15 Kg. as was found by the authorities also, but it was wrongly treated to be of 20 Kg each. Specific finding upon appreciation of evidence is returned by the Tribunal to hold that there was no escaped turnover. It is only with regard to survey conducted on 22.3.2013, at one of the premises i.e. Unit at D- 32 Sector -63 that escaped turnover to the tune of Rs. 1,85,23,364/- has been found to be valid. Based upon it, the order of assessment has been passed, holding the assessee liable to pay additional tax.;