9911796707
TMI Blog1970 (3) TMI 121X X X X Extracts X X X X X X X X Extracts X X X X ..... is justified in making an estimate of suppression beyond what was alleged to have been actually found by the officers of the department that is Rs. 14,11,354.67 for all the quarters from 31st March, 1960 to 31st March, 1962. (B) Whether the conclusion arrived at by the Tribunal is inconsistent with his finding in second appeal and, if so, is it liable to be set aside." 2.. The facts relevant to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounts seized from the business premises of the petitioner were exhaustive as the entire premises were raided and all the papers were seized. Though it came to such a conclusion, it was of opinion that the ends of justice will be met if the estimate of suppression was made at Rs. 3,00,000 in respect of each quarter. 4.. Mr. Ray on behalf of the petitioner contends that once the department was in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essions de hors the genuine accounts seized. Law is now well settled that estimate of suppression must bear a reasonable nexus to the materials available. Merely because a dealer or assessee is found to have made certain suppressions the assessment cannot be raised to any extent as a punitive measure. The first case on the point is Raghubar Mandal Harihar Mandal v. The State of Bihar[1957] 8 S.T.C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the available material and the circumstances of each case." 6.. From the aforesaid analysis we are clearly of opinion that the learned Tribunal acted contrary to law in making an enhanced estimate of the suppressions by raising it to Rs. 27,00,000 from Rs. 14,11,354.67. We would accordingly answer question No. (A) in the negative and question No. (B) in the positive. 7.. In the result, the re ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
