1993 (2) TMI 278

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..... er calling upon him to produce books of accounts for the years 1988-89, 1989-90, 1990-91 and 1991-92. Petitioner filed exhibit P-3 objection contending that he has opted the procedure under rule 21 of the Rules by filing monthly returns in form No. 9 for the four years 1988-89 to 1991-92 and that there is no specific provision empowering the assessing authority to call for the records especially w .....

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..... respondent as per exhibit P-9. 2.. Contention of the petitioner is that respondent lacked jurisdiction to call for the books of accounts from the petitioner as he has opted the procedure under rule 21. Government Pleader appearing for the respondent submitted that the petitioner's contention is not tenable as the respondent has only directed production of the books of account for verification an .....

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..... section 5 or notified under section 10 for the year to which the returns relate. The proviso to rule 21(13) empowers the assessing authority to follow the procedure in rule 18 to determine the turnover to the best of its judgment and finally assess under a single order the tax or taxes payable under section 5 or notified under section 10, if the returns filed appear to it to be incorrect or incom .....

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