ASHWANI KUMAR MISHRA,J. - (1.) Assessee is before this Court in the present revision filed under Section 58 of the U.P. Value Added Tax Act, 2008, challenging an order of the Tribunal dated 22nd February, 2017. The Tribunal by its order has affirmed the order of assessing authority in so far as books of account have been discarded, and although a finding is returned that no evidence of escaped turnover is found, yet it affirms the order of assessing authority holding the assessee liable to pay higher tax.
(2.) Learned counsel for the revisionist has taken the Court through the orders passed by the assessing authority in order to contend that there was absolutely no basis for the authorities to have rejected the books of account, inasmuch as the assessee had explained the circumstances in response to show cause notice issued, and the materials relied upon against it for discarding the books of account. It is pointed out that out of 8 issues raised, the assessing authority was satisfied by the explanation in respect of 7 of such issues, and with regard to 8th issue also, the alleged purchases were reflected in the books of account. Submission is that in such circumstances neither the authorities were justified in discarding the books of account, nor could there be an enhancement in turnover of the assessee as there was no basis or material to sustain it. It is also submitted that even if books of account are discarded, there has to be justifiable material to warrant enhancement in the turnover of the assessee, which in the facts of the present case was found to be non-existent.
(3.) Learned Standing Counsel has defended the order for the reasons recorded therein. However, learned Standing Counsel has not been able to refer to any material on record, justifying the conclusions drawn by the Tribunal. It is also stated that increase is marginal and does not require any interference.;