1976 (9) TMI 152 - HC - VAT and Sales Tax

Summary

Issues involved:
The judgment involves the rejection of account books by the assessing authority, making best judgment assessments, and the revising authority's power to substitute its estimate of turnover.

Rejection of Account Books and Best Judgment Assessments:
The assessee, a dealer in shoes, filed returns for the assessment year 1965-66 under the U.P. Sales Tax Act and the Central Sales Tax Act. Sales tax authorities found discrepancies in the accounts maintained by the assessee and disbelieved its explanation. The assessing officer made best judgment assessments of intra-State and inter-State turnovers, which were later reduced by the appellate authority. The Judge (Revisions) upheld the rejection of account books but disagreed with the higher estimates made by the assessing authority, stating that the turnovers returned by the assessee could be accepted if found reasonable.

Legal Principles and Precedents:
The learned standing counsel cited a Supreme Court case where best judgment assessments were upheld when account books were rejected. However, the High Court emphasized that the revising authority has the power to examine the propriety of estimates made by the assessing authority. The Court clarified that the rejection of account books does not automatically warrant a higher turnover estimate, as each case's circumstances must be considered. The revising authority can accept the turnovers returned by the assessee if they appear reasonable and proper.

Conclusion:
The High Court ruled in favor of the assessee, stating that the turnover need not necessarily be rejected when account books are rejected, and can be accepted if deemed reasonable. The Court made no order as to costs due to the absence of the assessee.