TMI Blog1972 (4) TMI 87X X X X Extracts X X X X X X X X Extracts X X X X ..... nd to be of the value of Rs. 27,794. This sum was treated by the assessing officer as the sale value of the utensils during the relevant period, and, taking it as the basis, the suppressed turnover for the entire year on this account was calculated at Rs. 2,22,352. There were other account books and slips which showed transactions on certain dates which had been suppressed from the regular accounts. The assessee could not explain the entries in those account books and slips. Therefore, the assessing authority took the entries in the other account books and slips as representing the suppression during the assessment year 1963-64 and enhanced the turnover returned by the assessee to the tune of Rs. 2,68,907.76. Before the appellate authorit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and ultimately upheld the estimate made by the assessing officer. The same contentions were reiterated before us by the learned counsel for the assessee. We are, however, inclined to accept the view taken by the Tribunal, having regard to the facts and circumstances of this case Here, the anamath account book, (A-1), showed certain transactions during the period 15th February, 1964, to 31st March, 1964. The assessee's explanation that it related to the entrustment of the metal to the manufacturers for making utensils and that it did not represent the turnover of sales did not find acceptance before the authorities below, including the Tribunal. That explanation not having been accepted by the Tribunal and its decision being a finding on a q ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cannot be disputed that the period covered by the account book, (A-1), namely, 15th February, 1964, to 31st March, 1964, also included within it certain holidays and that the turnover estimated at Rs. 27,794 calculated for that period took note of the holidays during that six weeks as well. Therefore, there appears to be no need for excluding the holidays in estimating the turnover on the basis of the actual turnover found in (A-1). We are, therefore, of the view that the attack made by the assessee on the estimate made by the assessing authority is not sustainable. The learned counsel for the assessee, however, contends that the estimate made by the authorities below is arbitrary and capricious, having regard to the fact that a large est ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have had sufficient mens rea leading to the inference of wilful suppression of turnover, there could be no levy of penalty. We are not able to accept this contention, for, if there was non-disclosure of a portion of the turnover from the regular account books and the turnover has actually been suppressed from the regular account books, it could easily be inferred that the assessee had the necessary mens rea to exclude such turnover from his regular accounts, with a view to evade payment of tax on such turnover. As a matter of fact, section 12(3) of the Tamil Nadu General Sales Tax Act, which empowers the assessing authority to levy penalty in cases of this kind, does not make it a condition that the assessee should have the necessary mens r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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