1969 (2) TMI 22 - HC - Income Tax

Whether the assessment made by the Deputy Commercial Tax Officer on the best judgment basis smacks of arbitrariness so that the assessment orders may be quashed - Held, yes - orders are quashed

Summary

Issues:
Determining the validity of assessment made by Deputy Commercial Tax Officer on best judgment basis.

Analysis:
The judgment delivered by the court addressed the issue of whether the assessment made by the Deputy Commercial Tax Officer was arbitrary and could be quashed. The Deputy Commercial Tax Officer had conducted provisional assessments for the year 1962-63, and upon final assessment, concluded that the account books submitted were not reliable. As a result, he made the assessment based on best judgment, primarily relying on the consumption of electricity as a basis for determining the turnover. However, the petitioners contended that this method was not a reliable or reasonable basis for determining the turnover, as various factors such as seed quality, machine condition, and skill of the driver could impact the yield of oil. The court agreed with the petitioners' argument, stating that the reliance on electricity consumption and tests conducted in other mills was arbitrary and lacked a proper basis for assessment.

The court highlighted that the Deputy Commercial Tax Officer did not conduct tests in the petitioners' own rotaries to determine the yield of oil, despite the inconvenience of meter placement not being a valid reason against conducting the experiment. The court noted that the Tribunal had previously set aside assessments due to significant variations in electricity consumption for oil yield across different mills. Emphasizing that turnover depends on various specific factors of each rotary, the court concluded that relying on tests from other undertakings was not relevant or appropriate for these mills. As the data used for best judgment assessment was deemed arbitrary, the court quashed the assessment orders and allowed the authorities to proceed afresh in accordance with the law.

In conclusion, the court allowed the writ petitions, quashed the assessment orders, and left the authorities open to reassess the matter following proper procedures. The judgment emphasized the importance of a valid and reliable basis for assessments, particularly in cases where best judgment assessments are made, to ensure fairness and accuracy in taxation matters.