BUDH RAM GIRDHAR GOPAL Vs. COMMISSIONER

JUDGEMENT

(1.) Present revision under section 11(1) of the U.P. Trade Tax Act, 1948 has been preferred against the judgment and order dated October 20, 2008 passed by the Trade Tax Tribunal, Lucknow, in Second Appeal No. 215 of 2001 for the assessment year 1998-99. The brief facts of the case are that during the assessment year under consideration, the assessee was engaged in the trading of foodgrains items. A survey was conducted at the business premises of the assessee on April 25, 1998 and January 14, 1999. During the survey, various discrepancies were found. So, the assessing officer has rejected the books of accounts and made the addition on estimate basis. In the first appeal, the first appellate authority, has given the partial relief to the assessee on the basis of the estimation and the Tribunal has endorsed the same. Not being satisfied, the assessee has filed the present, revision.

(2.) With this background, Sri M.M. Dewan, learned counsel for the revisionist submits that on the basis of survey, addition was wrongly made. For this purpose, he has relied on the ratio laid down in the case of Prem Narain Singh Int. Udyog v. Commissioner of Sales Tax,1993 UPTC 951, where it was observed that:

(3.) He also relied on the ratio laid down in the case of Eastern Tube Co. Gopiganj, Varanasi v. Commissioner of Sales Tax, U.P,1980 UPTC 575, where it was observed that: