SHARDA POLYMERS Vs. COMMISSIONER TRADE TAX AND

JUDGEMENT

(1.) These revisions arise from a common order of the Trade Tax Tribunal, Allahabad dated 29.03.2007 passed in Second Appeal Nos. 261 of 2006 for A.Y. 2003-04 (UP) filed by the assessee and Appeal No. 346 of 2006 (for that assessment year) filed by the revenue. By that order, the Tribunal has partly allowed the appeal filed by the revenue and dismissed the appeal filed by the assessee. Consequently, the finding of rejection of books of accounts and estimation of the turn over made by the assessing authority has been largely affirmed.

(2.) Heard Sri Vishnu Kesharwani and Sri K.N. Kumar, learned counsel for the applicants-assessee and Sri B.K. Pandey, learned Standing Counsel for the revenue.

(3.) First some attempt had been made first to assail the findings of the authorities as to rejection of the books of accounts by submitting that there was no discrepancy in the sales made by the assessee to M/s Tee Cee General Industries Pvt. Ltd. and that the discrepancy noted by the assessing authority was wholly unreal and non-existent. The said purchasing dealer had issued Form 3B to the assessee which clearly established the correctness of the claim made by the assessee that it had made sales to M/s Tee Cee General Industries Pvt. Ltd. worth Rs.9,74,553/- during the year in question. However, the authorities have erred in considering part of the Form 3B to be not related to the year in question. Also, it has been submitted that the purchasing dealer was never offered for cross-examination to the assessee and therefore no adverse inference may have been drawn on the basis of alleged entries found recorded in the books of the purchasing dealer.