Prakash Krishna, J. - (1.) THE above revision has been filed against the judgment and order dated August 28, 1997 passed by the Trade Tax Tribunal, Meerut in Second Appeal No. 279 of 1994 relating to the assessment year 1983 -84 (U. P.) (second part).
(2.) THE dealer -opposite party carries on the business of manufacturing and sale of electric aluminium and copper wires. The account books were rejected on the basis of adverse material found against it in the survey. The rejection of the account books has been upheld by all the three authorities below. The assessed turnover has been reduced by the Tribunal by the order under revision. In the memo of revision, the following questions of law have been framed: (i) Whether the honourable Trade Tax Tribunal is legally justified in reducing the turnover and rate of tax on electric wire made of copper and aluminium whereas the assessing authority has assessed the turnover on the basis of evasion detected on the survey dated November 25, 1983 and imposed the tax at the rate of 12 per cent as the dealer has manufactured the electric wire made of aluminium and copper ? (ii) Whether, on the facts and in the circumstances of the case, the Trade Tax Tribunal has properly utilized the material available on record ? Heard the learned standing counsel for the Department. None appeared on behalf of dealer -opposite party.
(3.) SO far as the reduction in the turnover is concerned, I find that the Tribunal has estimated the suppressed turnover on the basis of relevant consideration. It has taken pains to discuss the adverse material found at the time of survey dated November 25, 1983 conducted by the Trade Tax Officer S. I. B. At the time of survey, certain account books were seized. On the basis of the seized material, an interference of suppressed sales was drawn by the assessing officer and the turnover of such sales was estimated. The Tribunal reduced the quantum of estimated suppressed sales, on valid ground.;