2016 (6) TMI 988

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..... e 'Act' for short). The assessee is engaged in the business of electronic goods, inverters, etc. The assessing authority concluded the assessment for the tax periods from April 2010 to March 2011 and enhanced the declared turnover of the assessee by 10% inter alia rejecting the other claims made by the assessee. Being aggrieved, the appellant preferred appeals before the Appellate Authority. The Appellate Authority partly allowed the appeals granting some reliefs claimed by the assessee. However, the best judgment assessment made by the assessing authority enhancing the declared turnover by 10% remained undisturbed. Being dissatisfied, the appellant carried the matter in appeal before the Karnataka Appellate Tribunal. The Tribunal d .....

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..... uded the best judgment assessment which cannot be found fault with and as such the Appellate Authority and the Tribunal rightly confirmed the order passed by the assessing authority. No ground is made out by the assessee to interfere with the judgment and order passed by the Tribunal and in support of his contention, he placed reliance on the judgment of the Apex Court in the case of Commissioner of Sales Tax v. H.M. Esufall, H.M. Abdulali [1973] 2 SCC 127. 7. Having heard rival submissions of the parties and perusing the material on record, we have noticed that the assessing authority has rejected the books of account and concluded the best judgment assessment for the reasons that no branch certificates were produced by the assessee and n .....

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..... turnover. In such circumstances, no attempt is made by any of the authorities or by the Tribunal to address on these arguments/contentions advanced by the assessee. Non-furnishing of the branch certificates would not suffice to enhance the declared turnover unless supported by suppression of turnover. 9. In such circumstances, we are of the opinion that the order of the Tribunal confirming best judgment assessment made by the assessing authority is unsustainable. Accordingly, we set aside order passed by the Tribunal as well as the authorities and we deem it proper to restore the matter to the file of the assessing authority to re-consider the matter afresh and to pass appropriate orders in accordance with law after providing an opportunit .....

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