TMI Blog1993 (6) TMI 7X X X X Extracts X X X X X X X X Extracts X X X X ..... cultural income-tax, the Agricultural Income-tax Appellate Tribunal, Additional Bench, Kottayam; has referred the following two questions of law for the decision of this court: "1. Whether, on the facts and in the circumstances of the case, the Tribunal is justified in sustaining the estimate made by the lower authorities on the basis of the details available in the records of C. M. C., Vandenme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,180. The assessee did not file any reply to the pre-assessment notice proposing the estimate. The estimate was made to the best of judgment of the officer. In appeal, the Appellate Assistant Commissioner held that the yield may be fixed at 2 1/2 times totally, found from the extract of records kept by the C. M. C., Vandenmedu. To this extent, quantum relief was given. In second appeal, the Appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ferred to hereinabove, have been referred for the decision of this court. We heard counsel. The main plea urged before us was that the copy of the extract obtained by the assessing authority from the C. M. C., Vandenmedu, was not made available to the assessee and the estimate made on that basis is illegal and unreasonable. We are of the view that there is no force in this plea. The assessee h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no material to show that the estimate is in any way unfair or unreasonable. The Appellate Tribunal was justified in sustaining the best judgment assessment on the basis of the records kept by the C. M. C., Vandenmedu. We, therefore, answer question No. 1 in the affirmative, against the assessee and in favour of the Revenue. This is a case where the assessee was informed by the officer about t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orm in which it is formulated; but hold the view that the records kept in the C. M. C., Vandenmedu, and which formed the basis for the best judgment assessment, are a valid piece of material which was properly relied on by the assessing authority. The reference is answered as above. A copy of this judgment under the seal of this court and the signature of the Registrar shall be sent to the Ker ..... X X X X Extracts X X X X X X X X Extracts X X X X
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