DWARAKA PERSHAD BADARI PERSHAD Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-1992-2-15
HIGH COURT OF ANDHRA PRADESH
Decided on February 19,1992

DWARAKA PERSHAD BADARI PERSHAD Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

SYED SHAH MOHAMMED QUADRI, J. - (1.)THE petitioner deals in pulses, wheat, etc. , and is a registered dealer under the Andhra Pradesh General Sales Tax Act, 1957 (for short "the Act" ). After the assessment for the year 1980-81 was completed by the Commercial Tax Officer, under section 20 (2) of the Act the Deputy Commissioner revised the assessment and brought to tax certain turnovers, out of which one item relates to turnover of wheat amounting to Rs. 8,70,306. The addition of this amount was based on the ground that the hundekar (clearing agent) of the Railways in his statement mentioned the particulars of the wheat imported by the petitioner. The petitioner asked for the statement of the said hundekar. He was asked to go over to the Deputy Commissioner's office and inspect the same. He filed an appeal with respect to the said addition before the Tribunal. It was contended before the Tribunal that the copy of the statement of the said hundekar was not furnished to him, therefore no reasonable opportunity to defend the addition was given to him. The Tribunal found that the assessee was given permission to peruse the records and he also perused the same, and concluded that the plea of denial of opportunity was untenable.
(2.)IN this revision Sri P. Srinivasa Reddi, the learned counsel for the petitioner, strenuously contends that the Deputy Commissioner did not furnish a copy of the statement in spite of asking for the same and as such the assessee was prejudiced. From a perusal of the order of the Deputy Commissioner it is clear that the petitioner was given an opportunity to peruse the records. It is not disputed before us that the petitioner was permitted to peruse the statement of the said clearing agent, or allowed to note down the extract thereof while perusing the said statement. No objection was raised before the Deputy Commissioner that not furnishing a copy of the statement was not sufficient to defend the case and caused prejudice. Having been satisfied with the perusal of the statement of the hundekar and having not raised any objection before the authorities, it is not open to the assessee now to contend that he was prejudiced due to not supplying of copy of the statement.
It is further contended before us that even if the statement is accepted, it does not implicate the petitioner. We have gone through the order of the Deputy Commissioner. From a perusal of the order it is seen that no such plea was raised before the Deputy Commissioner that the consignment referred to by the clearing agent does not relate to the petitioner. What all was contended before the Deputy Commissioner was that he did not import wheat before Diwali, 1980. The Deputy Commissioner noted that the petitioner imported 518 bags of wheat in th name of M/s. Hariramdas Saduram, but did not report the same at the time of final assessment. He further observed that on examination of the assessment file he came to the conclusion that the dealers had reported taxable turnover of wheat to a tune of Rs. 40,854 and the remaining value of the purchase from outside the State was shown as second sale of wheat by producing bogus bills, so the said amount was added. In these circumstances, we reject this contention.

(3.)IT is further contended that the Tribunal did not make the statement of the said clearing agent available to the petitioner at the time of hearing of the appeal. Admittedly, the petitioner did not make any request to the Tribunal for calling for the said statement from the department. Therefore, we are unable to accept the contention that the Tribunal erred in not calling for the records.
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