9911796707
TMI Blog1972 (10) TMI 114X X X X Extracts X X X X X X X X Extracts X X X X ..... ge of the assessment proceedings, the assessing authority called for the account books and found that the sales of chicory to the Coffee Board to the extent of Rs. 3,71,844.45 had been omitted to be included in the assessee's return. When this was pointed out to the assessee, the assessee explained that the supplies to the Coffee Board were made on the basis of pro forma invoice and that unless th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and held that the turnover in question had been rightly brought to tax in the assessment year. The assessee also questioned the imposition of penalty before the appellate authority but without success. There was a further appeal to the Tribunal. But the appeal related only to the question of penalty. Before the Tribunal, it was urged that the levy of penalty cannot be justified under section 12(3) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of penalty under section 12(3) there should have been a best judgment assessment by the assessing authority on rejection of the return and the account books submitted by the assessee. It is pointed out that in this case there was no suppression of the disputed turnover in the account books and the assessing officer has proceeded to complete the assessment only on the basis of the figures available ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y brought that turnover to tax along with the turnover returned. On those facts, the Supreme Court has held that whenever the assessment is made accepting the entries in the books of account of the assessee, section 12(3) cannot be invoked. The above decision straightaway applies to the facts of the present case. The learned Government Pleader brings to our notice a decision of this court in Pavad ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
