ASHWANI KUMAR MISHRA,J. - (1.) This revision is directed against an order passed by the Tribunal dated 7th February, 2017, rejecting second appeal filed by assessee and allowing second appeal filed by State.
(2.) From the materials placed on record, it transpires that assessee is a registered dealer, which is engaged in trading of steel products. For the relevant period, it appears that books of account have been discarded based upon three survey conducted on 27.9.2007, 8.10.2007 and 31.10.2007. The Tribunal has affirmed the assessment based upon the finding returned in the circular. Aggrieved by such orders, the assessee is before this Court.
(3.) Learned counsel for the revisionist with reference to the order under challenge points out that the Tribunal has noticed uncertified bills from serial no.127 dated 28.7.2007 to serial no.779 dated 3.11.2007 amounting to Rs. 34,47,965/-. This amount is then added to a sum of Rs. 59,41,900/-, which according to assessee was duly reflected in the books of account as tax paid goods and for it benefit has already been given by the assessing authority. The Tribunal after adding Rs. 34,47,965/- and Rs. 59,41,900/- has quantified the uncertified bills as Rs. 93,89,865/- for a period of three and odd months, so as to work out the total liability. Learned counsel submits that once the sum of Rs. 59,41,900/- was already given due credit by the assessing authority, the said amount ought not to have been included to constitute basis for calculation of turnover.;