ASHWANI KUMAR MISHRA,J. - (1.) This revision is by the assessee arising out of an order passed by the Tribunal dated 7.6.2007, relating to assessment year 2001-02, State as well as Central. The books of account of the assessee has been discarded by the authorities on the basis of survey in which it was found that the accounts were not updated on daily basis and that substantial variations were found in the books of account and physical verification. On the basis of such material the turnover has been increased by 10%, which is maintained by the tribunal.
(2.) Learned counsel for the revisionist submits that the scrap material which was in existence in the premises has not been taken note of and that once a higher stock was shown in the books of account, the authorities could not have opined that there is intention to evade payment of tax. Reliance is placed upon a decision of this Court in M/s. Laxmi Narain Ashok Kumar Galla Vyapair, Chirgaon, Jhansi v. Commissioner of Sales Tax, 1993 UPTC 497 .
(3.) Learned Standing Counsel on the other hand submits that the authorities have arrived at a satisfaction that the assessee was indulging in transaction of business which was not reflected in the books of account at all, and therefore, the conclusions drown by them are findings on facts which is not required to be reappraised in the revisional jurisdiction.;