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2016 (11) TMI 899 - HC - VAT and Sales TaxAssessment of turnover - best judgement assessment - suppression of facts - Held that: - While it is true that the Tribunal is the last fact finding authority, this Court cannot at the same time shut its eye or gloss over findings which have come to be recorded in the total absence of cogent and reliable material nor can findings of fact so recorded by the authorities be affirmed even though they may be wholly perverse - the two loose papers which were found in the business premises were not established to be connected in any manner with the business of assessee. The mere fact that these two loose papers were found in a desk present in the business premises would not on its own form sufficient ground for rejection of the books of accounts. More importantly and as this Court noticed above, the affidavits and the explanation which was submitted in respect of the two loose papers was not accorded any consideration. The Court notes that while the Act places the burden of proof in respect of special facts on the assessee, the burden to prove the occurrence of a taxable event lies solely on the shoulder of the revenue. This burden in the facts of the present case did not stand discharged - revision allowed.
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