S/S SHEHZAD TIMBER Vs. COMMISSIONER, TRADE TAX, U.P. AT LUCKNOW
LAWS(ALL)-2017-3-281
HIGH COURT OF ALLAHABAD
Decided on March 27,2017

S/S Shehzad Timber Appellant
VERSUS
Commissioner, Trade Tax, U.P. At Lucknow Respondents

JUDGEMENT

ASHWANI KUMAR MISHRA,J. - (1.) This revision is preferred by the assessee, on the question as to whether the tribunal was justified in imposing tax, on account of import and manufacturing of goods. In the absence of any evidence to support such a demand, the tribunal has reduced the taxable income of the assessee, after relying upon a survey conducted on 31st January, 2004, wherein the assessee was found engaged in the purchase of Timber and making wood items like Chaukhat (wood frame) etc. On the basis of actual wood items found in possession of the assessee, the tribunal has assessed the income after discarding the books of account, which was not relied upon by the authorities as well. The assessee has been held liable to payment of tax of Rs. 24,000/-. The tribunal has specified the Timber and wood items, which have not been disclosed in assessment, as well as other materials, which have been utilized. The finding returned by tribunal is based upon appreciation of facts, which in turn is based upon survey. Such findings of the tribunal are entirely based upon appreciation of facts, which is not liable to be reappraised in exercise of revisional jurisdiction.
(2.) The revision, accordingly, is consigned to records.;


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