9911796707
TMI Blog1966 (9) TMI 126X X X X Extracts X X X X X X X X Extracts X X X X ..... been instituted. We think it is sufficient for us to observe that, in all these cases, the assessment has been primarily based upon an inference of escaped or suppressed transactions of sale of soaps, liable to be taxed, on the circumstantial evidence of a number of collection entries in the cash accounts, and certain slips kept by the employee of the firm in charge of cash. Very briefly stated, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hese proceedings can be disposed of within a very brief compass. This outstanding fact is that we are satisfied that the principle of natural justice, audi alteram Partem was not substantially observed. It is not in dispute that on the 29th January, an explanation in writing was submitted by the assessee-firm, regarding the inferences sought to be based on these entries of collections and slips no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duly considered by the assessing officer. We may here record that learned counsel for the Government, with commendable fairness, conceded that, as the record stands, there is no evidence that the explanation sought to be put forward by the assessee-firm in the detailed terms of the accounts, with regard to everyone of the items relied on, was actually put forward during the prior interviews, an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the view that the relevant assessments in these proceedings ought to be struck down. Those assessments are for 1962-63 in W.P. No. 1160 of 1965 with penalty thereon (W.P. No. 1161 of 1965), for 1963-64 in W.P. No. 1122 of 1965 and a provisional assessment for 1964-65 in W.P. No. 1159 of 1965. All these are linked in a chain as consequential assessments on the basic assessment, and everyone ..... X X X X Extracts X X X X X X X X Extracts X X X X
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