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M/s Parrys Versus The Commercial Tax Tribunal And Another

2015 (7) TMI 425 - UTTARAKHAND HIGH COURT

Best Judgement - scope of estimation - Finding no cooperation from him as the petitioner did not care to respond to the notices, best of judgment assessments were completed - Held that:- While best of judgment assessment may involve an 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 perversit .....

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ly 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 JUDGMENT K M Joseph, CJ. (Oral) The revisions, being connected, we are disposing of the same by a common judgment. 2. Petitioner, according to him, commenced .....

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ears 1999-2000 and 2001-02 in these two revisions. Petitioner, not having succeeded before the First Appellate Authority as also the Tribunal, is before us. The Tribunal, it must be noticed, took note of the lack of response from the petitioner to the notices and blames the petitioner for not availing the opportunities provided and finding no ground to interfere with the assessments, confirmed the assessments. 3. Sri Pulak Raj Mullick, learned counsel for the petitioner, in both the cases, would .....

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e 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. .....

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remembered that the petitioner has accepted the assessment based on the same raid in relation to the other years and no substantial question of law arises. 5. We notice that as far as CTR No. 67 of 2011, which relates to the assessment year 1999-2000 is concerned, year 1999-2000 marks the beginning of his business career and proceeding on the basis that the value of the seized material in the raid amounts to about ₹ 46,000/- putting the turn over of the readymade garments at ₹ 20 lac .....

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his first year in business. While best of judgment assessment may involve an 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 matt .....

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