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TMI Blog1975 (11) TMI 139X X X X Extracts X X X X X X X X Extracts X X X X ..... o us for our consideration is as follows: "Having regard to the established principle of law that the books of account for the whole accounting year can be rejected if the accounts for a part of the year are unreliable, was the Tribunal, on the facts and in the circumstances of the case, justified in law in holding that no best judgment assessment could be made in respect of the part of the acco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amounts as shown in pacci rojmel or rokad. The explanation of the assessees was rejected by the Sales Tax Officer and following the rule of three or rather the Sales Tax Officer's version of the rule of three, he increased the gross turnover by Rs. 1,50,000. On an appeal by the assessees, the Assistant Commissioner of Sales Tax, by his order dated 23rd May, 1961, held that several items had been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 20th July, 1964, has observed that the discrepancy of Rs. 8,042 related to about fifty days and the lower authorities had based the enhancement on the rule of three and on the footing that the enhancement should be calculated on the basis of 365 days of the year. The Tribunal held that it would be wrong to base the assessment on this footing after 20th February, 1958, when the kachchi rojmel was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al with these cases, as the question framed by the Tribunal itself clearly shows that the principle that the books of account for the whole accounting year can be rejected even if the accounts for a part of the year are unreliable has been taken by the Tribunal as the established principle of law, with which there is no quarrel. The facts and circumstances of the case show that on 20th February, 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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