TMI Blog1986 (11) TMI 357X X X X Extracts X X X X X X X X Extracts X X X X ..... pect of the assessment year 1969-70, the dealer was assessed under section 12(4) of the Act to the best of judgment of the assessing officer which was confirmed in appeal. In second appeal before the Tribunal, however, the basis of enhancement was not accepted and the Tribunal annulled the enhancement. Aggrieved by the same, the petitioner filed an application for reference on the question of law ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the account books did not reflect the figures on the dates as found from the slip, the assessing officer held that the accounts are to be rejected and accordingly treating the amounts to be suppressions, enhanced the turnover for the year. On consideration of the materials, the Tribunal held that the dates in the slip relate to the year 1970-71 and as such cannot be the basis for enhancement of tu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... correct to hold that the books of accounts maintained by the assessee on the Diwali year basis should not have been rejected for suppressions found on 14th April, 1970, 15th April, 1970 and 16th April, 1970 and as such the enhancement made for the assessment year 1969-70 has correctly been annulled. 6.. The reference is answered in favour of the assessee. No costs. Reference answered in the af ..... X X X X Extracts X X X X X X X X Extracts X X X X
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