Case Law Details
Jaiswal Machinery Stores Vs Commissioner of Commercial Tax Lko. (Allahabad High Court)
It is not in dispute that the Tribunal has reduced the quantum of tax imposed by the assessing authority from Rs.10,34,000/- to Rs.2,82,125/-. From the perusal of the order passed by the Tribunal, it is apparent that finding recorded is contradictory. On the one hand, the Tribunal has accepted that there were minor discrepancies in the books of accounts submitted by the assessee from the survey report and on the other hand had accepted the partial finding recorded by the assessing authority. Once the Tribunal has recorded finding that there was a minor discrepancy in the stock which was there at the time of survey and it tallied with the books of accounts then there was no occasion to take a different view.
Considering the facts and circumstances of the case, as a contradictory finding has been recorded by the Tribunal, order dated 27.02.2016 passed by the Tribunal is hereby set aside and the matter is remitted back to the Tribunal for reconsidering and reconciling the facts of the case and pass a fresh order after affording opportunity of hearing to the concerned parties.
FULL TEXT OF THE JUDGMENT/ORDER OF ALLAHABAD HIGH COURT
Heard Ms. Pooja Talwar, learned counsel for the revisionist and Sri R.S. Pandey, learned Standing Counsel for the State.
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