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Judgment
Bharati Sapru, J.—Heard learned Standing Counsel for the revisionist-State as well as Sri Ashok Kumar, who appears on behalf of the assessee.
This revision has been filed by the State for the assessment year 2009-10 against the order of the Tribunal dated 27.09.2014. The questions of law referred to are hereunder:-
"i) Whether under the facts and circumstances of the case, the Tribunal was legally justified in ignoring the principle of factual findings believed on primary evidence as per law laid down by this Hon''ble Court in the case of M/s Modi Spinning and Weaving Mills v. CST (2004-NTN-Vol-25 Page 42) for determining central sale being made under camouflage of stock transfer?
ii) Whether under the facts and circumstances of the case, the Tribunal was legally justified in not controverting the findings of fact assessed by the assessing authority on the basis of the material available on record to the contrary no material has been produced by the dealer except the oral arguments?"
The Tribunal records findings that the transaction of goods was in the nature of stock transfer. The goods had not moved for any sale purposes and Form-fs were duly produced by the assessee to prove the stock transfer. This was also well established before the assessing officer on 18.02.2012 and no adverse evidence was found against the assessee.
In view of this the order passed by the Tribunal accepting the transactions as stock transfer is justified. The order passed by the Tribunal is confirmed.
This revision has no merit, it is dismissed. No costs.