- (1.) M. C. Agarwal, J. These four revision petitions under section 11 of the U. P. Trade Tax Act, 1948, are directed against a common order dated February 13, 1996, passed by the Trade Tax Tribunal, Varanasi, whereby it partly allowed the dealer's second appeals for the assessment years 1986-87, 1987-88, 1988-89 and 1989-90.
(2.) I have heard Sri Alok Kumar, learned counsel for the revisionist, and Sri C. S. Singh, learned standing Counsel for the respondent. The revisionist is a dealer in iron scrap and old timber sleepers that it purchases from the railway authorities of Eastern Railway at Moghal Sarai. For all these years, the dealer had declared no trading activity and vide assessment order dated March 16, 1990, for the assessment year 1986-87 and a common assessment order dated November 23, 1990, for the other assessment years it was declared to be non-taxable. Thereafter, some incriminating material was found during a survey held on March 20, 1991, and all assessments were reopened under section 21 of the U. P. Trade Tax Act and fresh assessments were made. For the assessment year 1986-87, the assessing officer determined the turnover of iron scrap at Rs. 12,00,000 which was reduced to Rs. 7,00,000 by the Assistant Commissioner (Judicial) and to Rs. 3,60,000 by the Tribunal.
(3.) FOR the assessment year 1987-88, the assessing officer determined the turnover at Rs. 17,00,000 which was reduced to Rs. 10,00,000 and Rs. 5,00,000 on first and second appeals. For the assessment year 1988-89, the assessing officer estimated the turnover of iron scrap at Rs. 16,00,000 and of timber sleepers at Rs. 4,00,000. This was reduced to Rs. 11,50,000 and Rs. 1,00,000 respectively by the Assistant Commissioner (Judicial) and to Rs. 6,00,000 and Rs. 1,00,000 by the Tribunal.;