COMMISSIONER, TRADE TAX Vs. RAJDUT PAINT LIMITED

JUDGEMENT

(1.) PRESENT revision under Section 11 of the U.P. Trade Tax Act, 1948 (hereinafter referred to as 'the Act') is directed against the order of the Tribunal dated September 7, 1999 relating to the assessment year 1998 -99, by which Tribunal has deleted the penalty under Section 15A(1)(c) of the Act.

(2.) BRIEF facts of the case are that the opposite party/dealer (hereinafter referred to as 'the dealer') was carrying on the business of manufacture and sale of paints and disclosed a taxable turnover at Rs. 1,58,94,193. The assessing authority rejected the books of account and estimated the turnover at Rs. 1.62 crores by way of best -judgment assessment. The enhancement of the turnover has been made mainly on account of difference in the stock found at the time of survey dated June 6, 1993 made by the S.T.O. (S. I. B.) and on the basis of entries made in exhibit 8, which was the notebook for the period April 8, 1993 to April 6, 1993 (sic). According to the assessing authority, the entries of the notebook valued at Rs. 53,000 were not found entered in the books of account.

(3.) HEARD Sri B.K. Pandey, learned Standing Counsel and Sri K. Saxena, learned Counsel for the opposite party.