TMI Blog2015 (7) TMI 425X X X X Extracts X X X X X X X X Extracts X X X X ..... se will be served by remanding the matter as the petitioner did not avail of the opportunities, which were given by the statutory Authorities to respond to the notices, which were issued and we cannot give an opportunity again. Therefore, we would, instead, fix the turnover at ₹ 12 lacs in relation to readymade garments and the revision will stand allowed to that extent only and his assessment will stand modified as above on the said basis. - Decided partly in favor of assessee. - Commercial Tax Revision No. 66 of 2011, Commercial Tax Revision No. 67 of 2011 - - - Dated:- 30-6-2015 - K M Joseph, CJ And U C Dhyani,JJ. For the Petitioner : Mr. Pulak Raj Mullick, Adv For the Respondent : Mr. Hari Mohan Bhatia, Adv JUDGM ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8377; 20,00,000/-. He reminds us that it was his first year in business and the business will slowly grow-up. He would point out that for certain years, where also the assessment was completed based on best of judgment of the Assessing Officer, on the basis of the incriminating material seized in raid, petitioner has accepted those assessments, which were done reasonably. But, as far as assessing turnover of readymade garments in a sum of ₹ 20,07,000/- in the first year is concerned, the same would amount to a perverse finding, which would entitle the revisional court to interfere as a perverse finding would give rise to a substantial question of law. He would also submit that likewise in 2001-02, his principal complaint projected bef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... element of guess work, but at the same time, it is settled law that it must be made bona fide and it cannot be whimsical or arbitrary. Therefore, as far as the CTR No. 67 of 2011 is concerned, we would grant relief by holding that there was an element of perversity in the turnover arrived at in regard to readymade garments, instead of remanding the matter as we think that no purpose will be served by remanding the matter as the petitioner did not avail of the opportunities, which were given by the statutory Authorities to respond to the notices, which were issued and we cannot give an opportunity again. Therefore, we would, instead, fix the turnover at ₹ 12 lacs in relation to readymade garments and the revision will stand allowed to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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