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TMI Blog1978 (1) TMI 89X X X X Extracts X X X X X X X X Extracts X X X X ..... in cloth, readymade garments, hosiery goods, Kambals and mosquito nets etc. at Bargarh. After examination of the books of accounts and on the basis of the fraud report, the following charges were brought: (a) The purchase turnover was Rs. 4,64,801.20 and the sale turnover was Rs. 4,97,883.04. Thus there was gross disproportion. (b) On 17th March, 1975 there was a test purchase through Sri K. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not bear foundation of a charge of suppression. But, it will be a very relevant factor when other charges of suppression are established. In support of the above finding I would cite: Sitaram Raja Ram vs. Commissioner of ST U.P.(1) Solamal alim Singh vs. Commissioner of ST U.P.(2). I may also profitably rely on Ram Chandra Ramnivas vs. State of Orissa(3) in which it was ruled that earning ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... see took the plea that he did not sell Bakram to Shri Patnaik at all and showed accounts of purchase of all dozens of Bakram from hawkers for Rs. 200 on 26th Jan, 1975. But the statement of Sri Patnaik, a respectable man to the effect that he had purchased two pieces of Bakram cannot be disbelieved. The assessee made no attempt to examine Sri Patnaik to support its case. In view of the above, I ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e did not advance any argument on this charge. So, it can be presumed that he accepted the charge. 5. The above discussion of the charges will show that in the facts and circumstances of this case, the books of accounts are bound to be rejected and the assessment framed according to best of judgment. 6. Now coming to the enhancement, it is to be noted that the assessee is a fairly big and repu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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