ASHA INDUSTRIES Vs. COMMISSIONER, TRADE TAX

JUDGEMENT

(1.) THE dealer has filed this revision under Section 11 of the U.P. Trade Tax Act, 1948 (hereinafter referred to as, 'the Act') against the judgment and order of the Trade Tax Tribunal, Aligarh dated June 28, 2006 whereby the second appeal filed by the Commissioner of Trade Tax, U.P. has been partly allowed and tax liability of Rs. 3,23,397 has been imposed on the dealer.

(2.) ALTHOUGH the dealer has framed four questions of law in the memorandum of the revision but all the said questions are interrelated. The only question of law which arises for consideration by this Court is whether on the facts and circumstances of the case manipulated enhanced figure of sale and purchase and stock furnished by the dealer to the bank for the purposes of obtaining loan would amount to relevant material for the purposes of reassessment under Section 21 of the Act and based on these projected figures, reassessment and determination of turnover and tax liability would be justified?

(3.) I have heard Sri Kunwar Saxena, learned Counsel for the applicant and Sri B.K. Pandey, learned Standing Counsel for the department and have also perused the material on record.