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2019 (7) TMI 192 - ALLAHABAD HIGH COURTRejection of books of accounts to make Best Judgement assessment - running of Brick Klin - estimation of firing period - HELD THAT:- In the first place, the conclusion drawn by the authorities as to rejection of books of account cannot be seriously disputed in the present case, as the assessee did not produce the books of account. Though he may have made an application for compounding, however upon rejection of that application for the purpose of making a regular assessment, the books would remain a requirement to be fulfilled by the assessee. In absence of those books, the authorities have not erred in rejecting the same and in consequentially proceeding to make the best judgment assessment. Quantification of the turnover - HELD THAT:- In the first place, some elbow room has to be allowed to the revenue authorities while making estimation and no rule of exact measurement can be enforced against the assessing authority in this regard. In so far as the estimation is based on a valid and relevant consideration, the same does not call for any further or microscopic examination. In the facts of the present case, keeping in mind the admitted facts of the survey dated 06.05.2001 wherein the substantial amount of under production bricks and coal were found existing and also it was noted that the brick kiln was running, it is difficult to accept the submission advanced on behalf of the assessee that the brick kiln would have stopped running on 10 May, 2001, keeping in mind the general tendency of the industry - the estimation of the firing period made by the Tribunal is found to be based on relevant consideration - the same cannot be faulted. Revision dismissed.
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