MODERN TRADERS Vs. COMMISSIONER OF TRADE TAX

JUDGEMENT

(1.) This revision is by the assessee challenging an order of the Trade Tax Tribunal, Jhansi dated 14.11.2007, whereby books of account of the assessee for the assessment year 1999-2000 has been disbelieved and the turn-over has been assessed on best judgment, whereafter a liability to pay tax has been quantified as Rs. 31,700.00 (Rupees Thirty One Thousand Seven Hundred only).

(2.) The assessment against the assessee appears to be based upon an inspection conducted on 28th of April, 2000, wherein various documents were seized from the premise of the assessee. At the time of survey, one of the relatives (brother-in-law) of the assessee present on spot disclosed the authorities that the assessee is engaged in the sale and purchase of coolers. The plea of the assessee was that he is merely trading in cooler parts and is not indulging in any sale and purchase of the cooler itself. At the time of survey, the authorities have also found various vouchers, which would go to show that on 28th of Feb., 2000 purchases of coolers were made from one Sarvshri High-Tech India, Delhi. Certain cooler blades have been seized and security of Rs. 6,000.00 was also given by the assessee for release of such coolers. On the basis of all such materials, the Tribunal has come to a finding that books of account maintained by the assessee are not reliable and the assessment has been made based on best judgment.

(3.) Although, various grounds have been urged in support of the revision, but this Court finds that issues sought to be raised are essentially factual in nature and the findings returned by the Tribunal in that regard are not liable to be interfered with in exercise of revisional jurisdiction.