TMI Blog1996 (2) TMI 492X X X X Extracts X X X X X X X X Extracts X X X X ..... s the best judge of the situation and precisely it is his best judgment and not anyone else's. This emphasis has to be more than remembered by this Court that it cannot substitute its best judgment for that of the assessing authority. In regard to resort to best judgment in estimating any escaped turnover, it is to be appreciated that it is inevitable that there is some guess-work. The assessing authority, while making the best judgment assessment, has to arrive at the conclusion without any bias and on an approach on rational basis. There should be total absence of any caprice and vindictiveness. If the estimate is found showing total absence of caprice and vindictiveness and is seen to have been arrived at in a bona fide manner, even the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 14401 up to 15000 showing the book to have been used up to serial No. 14748 was seized. In the enquiry that followed it was revealed that during the period commencing on May 9, 1992 up to June 2, 1992, a period of 24 days' dealings were found not having been accounted for in regard thereto either in the day book or in the stock register. It showed that as far as high speed diesel is concerned, 14,293 litres and 16 litres of motor spirit were the transactions unaccounted for during the period of 24 days as stated above. 5.. In addition thereto sale of high speed diesel to the tune of Rs. 10,408.78 was also detected attributable to one Sri T.V. Babu. This resulted in the rejection of the accounts of the petitioner-assessee and a process of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellate authority (Additional Appellate Assistant Commissioner, Kannur) it was urged by the petitioner specifically by ground No. 4 that there is no justification for having six times as the estimated addition unless there is any pattern of suppression found on detection. It was urged that the resort to six times is the wild estimation being required to be struck down. 8.. The appellate authority found from the record and confirmed the factual situation that the Intelligence Squad conducted a surprise inspection at the place of business of the appellant on June 2, 1992 and it revealed stock difference of 3,140 litres of high speed diesel and of 2,386 litres of motor spirit. The verification of the bill book relating to the period f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssion, there is no reckoning with regard to what was found on inspection and for the above reason the total addition was reduced to five times of the actual suppression worked out. As would be seen from the above quoted reasoning the appellate authority applied its mind and found out a mistake in calculation and thereby granted relief by way of reduction as stated above. 10.. In further appeal to the Sales Tax Appellate Tribunal, Additional Bench, Kozhikode, the question was also considered, to conclude that all aspects highlighted would have to be termed as without substance. The Tribunal also took into consideration that the Appellate Assistant Commissioner granted relief while confirming the assessment in the main. 11.. As stated at ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
