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1986 DIGILAW 461 (ALL)

ARVIND ENGINEERS v. COMMISSIONER OF SALES TAX

1986-07-23

ANSHUMAN SINGH

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ANSHUMAN SINGH, J. ( 1 ) THESE three revisions under Section 11 (1) of the U. P. Sales Tax Act (hereinafter referred to as the Act) are directed against the order dated 25th January, 1986 passed by the Sales Tax tribunal, Allahabad Bench-I, relating to assessment years 1978-79, 1979-80 and 1980-81. Since all the revisions arise out of a common order, they are being disposed of by a common judgment. ( 2 ) THE applicant was the sole proprietorship concern of late Sri Vishnu Narain Dixit. He died on august 6, 1980, leaving behind his widow. The disclosed turnovers of the assessee-applicant for the assessment years in question under the Act were rejected by the assessing authority and best judgment assessment was passed. Having failed in the first appeals the assessee preferred second appeals before the Tribunal which too met the same fate. Hence these revisions. ( 3 ) I have heard learned counsel for the parties. Sri Bharatji Agarwal, learned counsel for the assessee, did not challenge the rejection of the books of account by the authorities and the same is liable to be maintained. He, however, pressed these revisions only on the question of quantum of turnover and submitted that since the sole proprietor of the firm died and because of flood the books of account of the firm were destroyed and when the cases were listed before the assessing authority curfew was imposed in the Allahabad city, no proper explanation could be offered by the firm at the time of assessment. Mr. Agarwal further contended that since the business of the firm had been closed and the turnovers fixed by the authorities are excessive, the widow of the sole proprietor of the firm is not in a position to pay the tax imposed on the firm. The turnovers fixed should be reduced. After hearing counsel for the parties and also taking in view the facts of the case I am of the opinion that the turnovers fixed by the authorities in respect of assessment years 1978-79 and 1979-80 deserve to be reduced but no interference is called for in respect of the turnover for the assessment year 1980-81. ( 4 ) IN the result the revisions in respect of assessment years 1978-79 and 1979-80 are allowed in part. The turnover for the assessment year 1978-79 is reduced from Rs. 80,000 to Rs. ( 4 ) IN the result the revisions in respect of assessment years 1978-79 and 1979-80 are allowed in part. The turnover for the assessment year 1978-79 is reduced from Rs. 80,000 to Rs. 30,000 and that of the assessment year 1979-80 is reduced from Rs. 60,000 to Rs. 30,000. The order of the tribunal to that extent is set aside. The revision in respect of assessment year 1980-81 is dismissed. However, the parties shall bear their own costs. ( 5 ) LET a copy of this order be sent to the Tribunal concerned as contemplated under Section 11 (8)of the Act. .