TMI Blog1984 (2) TMI 307X X X X Extracts X X X X X X X X Extracts X X X X ..... ition, briefly, are as follows: The petitioner carries on business of manufacture and sale of paints and varnish under the name and style, M/s. Indian Paints Industries, Indore. The petitioner is a registered dealer under the Madhya Pradesh General Sales Tax Act, 1958 (hereinafter referred to as "the Act"). For the assessment year 1976-77, the petitioner filed a return disclosing a taxable turnove ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4.. Having heard learned counsel for the parties, we have come to the conclusion that the contention advanced on behalf of the petitioner is wellfounded. In this connection we may usefully refer to the following observations of the Supreme Court in Commissioner of Sales Tax, M.P. v. H.M. Esufali [1973] 32 STC 77 (SC); AIR 1973 SC 2266. "In Raghubar Mandal Harihar Mandal v. State of Bihar [1957] ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee's circumstances, knowledge of previous returns and all other matters which the assessing officer thinks will assist him in arriving at a fair and proper estimate.' (emphasis supplied*) Proceeding further the learned judge quoted with approval the observations of Din Mohammad, J., in Ganga Ram Balmokand v. Commissioner of Income-tax, Punjab [1937] 5 ITR 464; AIR 1937 Lah 721: 'It cannot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refer to any material whatsoever on which the estimate is based. It is thus clear that the assessing authority made an assessment based on pure guess without reference to any evidence or material at all. Under the circumstances the order of assessment passed by respondent No. 1 and the order dismissing the revision petition passed by respondent No. 2 are vitiated by an error apparent on the face o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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