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TMI Blog1978 (6) TMI 163X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessing authority was not satisfied with the returns furnished by the assesseerespondent and had to assess the taxable turnover on the basis of best judgment. This resulted in the assessing officer assessing the respondent to a taxable turnover of Rs. 7,19,237.11. The Deputy Commissioner of Commercial Taxes in suo motu revision, while accepting the exercise of the best judgment assessment o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dditional Bench, Madurai, who would not sustain the order of penalty as levied by the Deputy Commissioner and allowed the appeal. It is clear from the facts recited that the assessment was the product of the best judgment method. Though terminologically the State calls it the best judgment, one is not sure whether it is. It is the judgment of the assessing authority on a scrutiny of the books of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exercising suo motu powers of revision, to assume that there was such a wilful suppression of sales turnover on the part of the assessee. The Deputy Commissioner, no doubt, had the right to look into the records and scrutinise the order of the statutory functionary in the lower hierarchy, so as to correct it, if such a correction was necessary. But it is very doubtful whether he could assume that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Deputy Commissioner, who did so in exercise of his revisional authority, cancelled the penalty. The Tribunal would say that the Deputy Commissioner exceeded his limits of revisional jurisdiction, when, as revisional authority, he was only reviewing the order of assessment made by the original authority and that, in the circumstances, he exceeded the power to impose penalty, as if he was the ori ..... X X X X Extracts X X X X X X X X Extracts X X X X
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