TMI Blog1973 (4) TMI 91X X X X Extracts X X X X X X X X Extracts X X X X ..... t is permissible to hold that there was an escapement of the turnover during that quarter only and not during other quarters covered by the relevant accounting year." 2.. A resume of the facts relevant for determination of the questions referred to us as appearing from the statement of facts may now be given. The assessee is a registered dealer under the Orissa Sales Tax Act. It had been assessed to sales tax for the quarters ending December, 1961, to December, 1962. The assessing officer reopened the assessment under section 12(8) of the Act for these quarters. The suppression which was ultimately found to have been established was with regard to a transaction of Rs. 323-12-0 appearing in a third party's account on 29th January, 1962, on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thirty-six months from the expiry of the year to which that period relates........" The word "period" as used in section 12(8) of the Act, however, cannot be equated with "quarter" because the two expressions "period" and "quarter" have been used in the Act. Besides, escapement of assessment and under-assessment may relate to a duration of time beyond a quarter. Advisedly the Legislature has, therefore, used the word "period". In common parlance the meaning of the word "period" would be a duration of time. Our answer to the first question, therefore, shall be that the expression "period" in section 12(8) of the Act is not used as synonymous to "quarter" or "year". 4.. The next question has been long answered by this court in Silla Kri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce in the prescribed manner requiring him on a date and at a place to be specified therein, either to attend in person or to produce or to cause to be produced there any evidence on which such dealer may rely in support of such returns. Thereafter under clause (b) he would proceed to hear the case and make the assessment. Clause (j) of section 2 defines 'year'. 'Year' means the financial year. The assessee submitted his accounts for the financial year. Rule 26-A of the Orissa Sales Tax Rules, 1947, prescribes the procedure for maintenance of account of moneys realised as sales tax. It reads as follows: '(1) In the account books maintained for the business a separate page shall be set apart and the collections on account of sales tax made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... books were liable to be rejected and a best judgment assessment was available to be completed. Once that is so, best judgment assessments could be completed for all the five quarters to which the accounts related. 5.. In view of what we have said above, our answers to the two questions referred to us are: (1) The expression "period" in section 12(8) cannot be construed as restricted to a quarter nor can it be said to relate to the whole year for which accounts are maintained by the assessee. (2) In view of the suppression detected on a date relating to the quarter ending March, 1962, it was permissible to complete best judgment assessments in respect of the quarters which the books of account related and the effect of suppression cou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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