JUDGMENT :

1. Heard Dr R. K. Shukla, learned counsel for the revisionist and Shri Sanjay Sarin, learned counsel for the respondents no.1 and 2.

2. The instant revision has been filed raising a challenge to judgment and order dated 19.03.2018 passed by learned Commercial Tax Tribunal, Lucknow, U.P. to the extent it relates to Second Appeal No. 68 of 2017 (A.Y. 2011-12) filed by the revisionist. Substantial questions of law have been set forth in the revision.

3. This Court vide the order dated 03.05.2018 had admitted the revision on two substantial questions of law namely:

"(1) Whether, the judgment & order dated 19.3.2018 passed by learned Commercial Tax Tribunal in Second Appeal No. 68 of 2017 (2011-12) is vitiated due to non-compliance of the mandatory provisions laid down under Rule 63(5) of the U.P. V.A.T. Rules, 2008 read with Section 57(8) of the U.P. V.A.T. Act, 2008.

(5) the principle of best judgment assessment can be resorted to on the basis of presumption and surmises, without any material on record."

4. The Court heard learned counsel for the revisionist on the first substantial question of law which is:

"(1) Whether, the judgment & order dated 19.3.2018 passed by learned Com