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2016 (8) TMI 1115 - HC - VAT and Sales TaxBest judgment assessment - Rejection of accounts - Held that:- Assessing authority did not lay its hand or rest his estimation on any material that may have been found in the possession of the assessee. While it was open to him to undertake an assessment to the best of his judgment consequent to the rejection of account, the same could not have been based on surmises and conjectures. It is settled law that while a best judgment assessment necessarily entails an exercise of estimation which may be tinged with a degree of guess work, the same cannot be completely disengaged or unconnected with material maintained and disclosed by the assessee. The estimation itself which had to be made to the best judgment of the assessing authority has to be a judicious and empirical exercise. In the facts of the present case the enhancement of the turnover to ₹ 3,00,000, its subsequent reduction by the first appellate authority to 2,30,000/- is not based on any material or evidence that may have been collected or which may have been found during the course of assessment. Such an assessment far from being characterized as one having been made to the best of the judgment of the authority, can only be described as capricious and whimsical. The orders in the opinion of this Court cannot be sustained
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