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november 2006

Supreme Court of India · 2006-11-13

Commissioner, Sales Tax, U.P vs M/S Mohan Brickfield, Agra

Citation / case number
2006 AIR SCW 5921
Court
Supreme Court of India
Petitioner
Commissioner, Sales Tax, U.P
Respondent
M/S Mohan Brickfield, Agra
Author
Arijit Pasayat
Bench
Arijit Pasayat, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court upheld the Allahabad High Court's decision allowing the revision petition under Section 11 of the Uttar Pradesh Trade Tax Act, 1948, stating that the rejection of the assessee's accounts based solely on non-production during surveys was insufficient without specific defects being identified. The Court emphasized that the Assessing Officer's judgment must be based on established norms and factual accuracy, not merely on procedural lapses. The outcome affirmed the High Court's ruling, thereby reinstating the assessee's accounts as valid for the assessment year 1984-85.

Commissioner, Sales Tax, U.P vs M/S Mohan Brickfield, Agra · Niyam