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2017 (10) TMI 1101 - HC - VAT and Sales TaxBest judgement assessment - Belated filing of returns - whether the impugned orders of assessment making a best of judgment assessment after the returns were filed, were just and proper? - Held that: - It is not in dispute that the returns for the relevant assessment years were filed by the learned counsel for the petitioner after the inspection was conducted in the place of business of the petitioner. However, the fact remains that the respondent accepted the belated returns by exercising its powers in levying a composition fee of ₹ 2,000/- for each assessment year in terms of Section 72(1)(b) of the said Act. On such returns being accepted after the levy of composition fee, it goes without saying that such returns, for all the practical purposes, shall be the returns and deemed to have been presented within the time permissible for the relevant assessment year. Whether a best of judgment could have been made? - Held that: - there could not have been an estimate of turnover without any material especially when the returns filed by the petitioner, though belatedly, have been accepted by the respondent - the decision in the case of A.Ponnusamy Vs. Government of Madras [1967 (7) TMI 119 - MADRAS HIGH COURT], would be squarely applicable to the facts of the present case, where it was held that it is only any excess sales not covered by the purchases that can be added. The matters are remitted back to the respondent for a fresh consideration - petition allowed by way of remand.
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