9911796707
TMI Blog1963 (10) TMI 21X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee the two questions which we are asked to answer are: (1) Whether in the facts and circumstances of the case, the rejection of the applicant's prayer for adjournment on 8th March, 1958, was justified? (2) Whether the estimate of the turnover and of the deductions in each case was arbitrary and without basis? 2.. The material facts are that the Sales Tax Officer, Bilaspur, made three ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the average turnover of the previous three years and the average thus arrived at included the best judgment estimate made for one year in the case of turnover determined for the year 1953-54 and for two years in the case of turnover determined for the year 1954-55. Both these contentions were rejected by the Board of Revenue. 3.. In our judgment, this reference should not have been made at al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rticular method or process which the Sales Tax Officer is required to follow in making a best judgment assessment. 4.. It was said that the Sales Tax Officer should have held an enquiry for arriving at an estimate of the turnover for the years 1953-54 and 1954-55 and that the estimate for those years was unreal inasmuch as it was based on best judgment estimate for the previous years. The languag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the assessee, and all other matters which he thinks will assist him in arriving at a fair and proper estimate; and that the best judgment assessment must necessarily be a guesswork and to some extent arbitrary, but it must be an honest guesswork. The Sales Tax Officer was, therefore, not precluded from forming an estimate of the turnover for the two years in question on the basis of the turno ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r 1952-53, was also real and not arbitrary. 5.. For these reasons, our answer to the first question, which is purely a question of fact, is in the affirmative. Our answer to the second question is that the estimate of the turnover and the deductions for the two years in question were neither arbitrary nor without any basis. The assessee shall pay costs of this reference. Counsel's fee is fixed at ..... X X X X Extracts X X X X X X X X Extracts X X X X
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