CHANDEL INT UDYOG Vs. COMMISSIONER OF TRADE TAX

JUDGEMENT

(1.) The present revision has been filed under section 11 of the U.P. Trade Tax Act, 1948 against the judgment and order dated February 4, 2002, passed in Appeal No. 162/97 for the assessment year 1995-96. The brief facts of the case are that the assessee was engaged in the manufacture and sale of bricks. It has been alleged that during the assessment year under consideration, the brick-kiln could not run, so only 38,300 (thirty eight thousand three hundred) bricks were sold. The assessee was assailing the compounding scheme and the assessment was passed under section 7D of the U.P. Trade Tax Act, 1948.

(2.) However, the assessing officer vide its order dated July 23, 1996, estimated the stock of bricks as four lacs bricks. Finally, by adding the sale of 38,300 (thirty eight thousand three hundred) of bricks, he has estimated the total manufactured bricks as 4,38,300 (four lacs thirty eight thousand three hundred), for which, the value was estimated at Rs. 3,17,768 (three lacs seventeen thousand seven hundred sixty eight only). The tax at 10 per cent was imposed, which comes to Rs. 31,776 (thirty one thousand seven hundred seventy six only). However, the first appellate authority has deleted the addition.

(3.) Being aggrieved, the Department has filed an appeal before the Tribunal, who upheld the addition made by the assessing officer. Not being satisfied, the assessee has filed the present revision.