1963 (12) TMI 18

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..... years 1958-59, 1959-60 and 1960-61 were made simultaneously. They were made on the basis of "best judgment", the Commercial Tax Officer having rejected the accounts produced by the assessee. In making the "best judgment" assessment the Commercial Tax Officer adopted the five times of the working expenses formula. When the matter was taken up in appeal to the Deputy Commissioner of Commercial Taxe .....

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..... . Obviously, the Appellate Tribunal forgot the fact that it was the final fact-finding tribunal; it was its duty to go into the facts of the case afresh and decide for itself whether there was justification for rejecting the accounts produced by the assessee, and if the accounts are to be rejected, what is the method by which it could assess the assessee on the basis of "best judgment". In this ca .....

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