TMI Blog1995 (4) TMI 259X X X X Extracts X X X X X X X X Extracts X X X X ..... nstitution of India in terms of the provisions of the Act of 1987 read with article 323B of the Constitution. The subject-matter is within the exclusive jurisdiction of this Tribunal, to which the jurisdiction of the High Court has been barred. This application arises out of revisional order dated August 2, 1994, passed by the West Bengal Commercial Taxes Tribunal, confirming the appellate order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... books of account of the applicant. His submission is that the estimation of Rs. 16 lakhs as gross turnover was wholly arbitrary, without any basis. He points out that though certain reasons were offered by the Commercial Tax Officer for rejecting the books of account, no reason was offered for estimation of gross turnover at Rs. 16 lakhs. Neither the appellate authority nor the revisional authori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arbitrary estimation. The best judgment assessment should be based on something or some material which has nexus with the amount arrived at as gross turnover. In the present case, there is nothing to indicate as to what was the material on which the assessing officer based his assessment of Rs. 16 lakhs as gross turnover. Accordingly, the application is allowed. The assessment order dated Ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
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