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TMI Blog1961 (8) TMI 19X X X X Extracts X X X X X X X X Extracts X X X X ..... this enquiry may be shortly stated. The petitioner is a partnership firm carrying on the business of manufacture of groundnut oil and cake and paddy and rice. For the assessment year 1957-58, they submitted monthly returns of their transactions. In the course of that year, a sudden inspection of the business premises led to the recovery of accounts which disclosed that the assessee suppressed a good part of the turnover. As the partnership did not disclose several taxable items in the monthly returns with the deliberate intention of evading sales tax, the assessing authority proceeded to make the assessment to the best of his judgment under section 14(1). After having completed the assessment, he called upon the assessee to show cause why p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is relevent for present enquiry: "14. (1) If the assessing authority is satisfied that any return submitted under section 13 is correct and complete, he shall assess the amount of tax payable by the dealer on the basis thereof; but if the return appears to him to be incorrect or incomplete he shall, after giving the dealer a reasonable opportunity of proving the correctness and completeness of the return submitted by him and making such enquiry as he deems necessary, assess to the best of his judgment, the amount of tax due from the dealer. An assessment under this section shall be made only within a period of four years from the expiry of the year to which the assessment relates. (2) When making an assessment to the best of judgment un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es, at which; on any occasion that; most commonly with verb in present tense. 5.. Introducing a clause as the object of a verb, or (later) governed by a preposition: The or a time at which; a case in which. * * * * 8.. With notion of time modified by or merged in that of mere connexion: In the, or any, case or circumstances in which; sometimes nearly. The clause with when is often equivalent to a phrase with preposition and gerund (when he sees or saw 'on seeing'; when he says or said 'in saying')." Similar are the meanings to be found in the Webster's New International Dictionary (Vol. II) Of the various meanings attributable to this term "when", we must adopt the one which accords with the context. If we now examine the scheme o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (3) or sub-section (4), the assessing authority shall give the dealer a reasonable opportunity to explain the omission to disclose the information, and make such inquiry as he considers necessary." This precludes the imposition of penalty without affording an opportunity to the assessee to explain the omission to disclose the information. It is clear from the proviso that an inquiry should be made by the assessing authority before imposing penalty on the assessee. This is inconsistent with the interpretation the learned counsel for the petitioner seeks to put upon section 14(2). A combined reading of sub-section (2) and the proviso inevitably leads us to the conclusion that the proper officer, after ascertaining the turnover to the best ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner then fell back upon the argument that the order levying penalty does not reveal that the omission to disclose the turnover in question was intentional or deliberate. We do not think that there is any substance in this point. The order clearly discloses that the petitioner suppressed several taxable items with the dishonest intention of evading sales tax. The officer remarks: "Had it not been for the detection of these private set of accounts on 14th January, 1958, the above company would have successfully evaded tax due on the above items to the State." There is, therefore, no force in this submission either. In the result, this writ petition is dismissed with costs. Advocate's fee Rs. 75. W.P. No. 915 of 1959.-For the re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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