1952 (1) TMI 17 - HC - VAT and Sales Tax

Summary

Issues Involved:
1. Whether the assessee was precluded from challenging the findings of fact by the Sales Tax Officer and affirmed by the Commissioner.
2. Whether the Sales Tax Officer is entitled under Section 10(2)(b) of the Bihar Sales Tax Act to make an assessment on any figure of gross turnover without giving any basis to justify the adoption of that figure.

Issue-wise Detailed Analysis:

Issue 1: Preclusion from Challenging Findings of Fact
The assessee challenged the findings of fact arrived at by the Sales Tax Officer, which were affirmed by the Commissioner of Sales Tax. The Board of Revenue rejected this challenge, stating that the concurrent findings of the courts below on the undependability of the accounts were findings of fact that could not be questioned in revision unless prima facie perversity or fraud was proved. The High Court upheld this view, noting that no evidence of perversity or fraud was provided by the assessee. The High Court emphasized that the Board had the jurisdiction to accept the findings of fact, and no question of law arose in this context.

Issue 2: Assessment without Basis under Section 10(2)(b)
The core question referred to the High Court was whether the Sales Tax Officer could make an assessment on any figure of gross turnover without providing a basis for that figure under Section 10(2)(b) of the Bihar Sales Tax Act. The High Court analyzed the assessment process for each quarter in detail.

1. Quarters Ending 31-12-1945, 31-3-1947, and 30-6-1947:
- Assessments were made under Section 10(4) of the Act.
- The dealer did not furnish returns or produced unreliable accounts.
- The Sales Tax Officer made assessments based on gross turnovers significantly higher than those shown in the accounts.
- The High Court cited the Judicial Committee's principles in *Commissioner of Income-tax, United and Central Provinces v. Badridas Ramrai Shop*, emphasizing that the officer must make a fair estimate based on local knowledge, previous returns, and other relevant materials, even if it involves guess-work.

2. Remaining Quarters:
- Assessments were made under Section 10(2)(b) of the Act.
- The returns submitted were found untrustworthy, and the Sales Tax Officer made assessments based on higher gross turnovers.
- The High Court compared the provisions of Section 10(2)(b) with Section 23(3) of the Indian Income-tax Act, noting that both require the officer to make assessments to the best of their judgment based on available materials.
- The High Court agreed with the view that there is little difference between assessments under Section 23(3) and Section 23(4) of the Income-tax Act, and similarly, between assessments under Section 10(2)(b) and Section 10(4) of the Bihar Sales Tax Act.
- The assessment must be based on a fair consideration of facts, even if it involves some degree of arbitrariness due to inadequate materials.

Conclusion:
The High Court answered the referred question in the affirmative, stating that the Sales Tax Officer is entitled to make an assessment on any figure of gross turnover without providing a detailed basis for that figure, as long as the assessment is made to the best of his judgment. The Court emphasized that the assessment process involves a degree of judgment and guess-work, which must be honest and fair. The reference was answered in the affirmative, with no order for costs.