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TMI Blog1986 (2) TMI 299X X X X Extracts X X X X X X X X Extracts X X X X ..... to him to be necessary to make assessment under sub-section (3) of section 11 of the Act in respect of the periods mentioned therein. He called upon the respondent to produce the accounts and documents and to raise any objections, which it may wish to bring, and to show cause why in addition to the tax to be assessed a penalty, not exceeding one-and-a-half times of the amount, should not be imposed. The respondent impugned this notice through a writ petition under articles 226 and 227 of the Constitution of India. The writ was allowed by the learned single judge and the notice was quashed. It has been held that the power to make the best judgment assessment under sub-section (3) of section 11 could be exercised within a period of five year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vidence on which such dealer may rely in support of such returns. (3) On the day specified in the notice or as soon afterwards, as may be, the Assessing Authority shall, after hearing such evidence as the dealer may produce, and such other evidence as the Assessing Authority may require on specified points, assess the amount of the tax due from the dealer. (4) If a dealer having furnished returns in respect of a period, fails to comply with the terms of notice issued under sub-section (2), the Assessing Authority shall within five years after the expiry of such period, proceed to assess to the best of his judgment the amount of the tax due from the dealer." Prior to its amendment by Act No. 28 of 1965, the word "dealer" in subsection ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ented from. It has been rather held that in those cases in which the Assessing Authority may have to take recourse to the provisions of sub-section (2) of section 11 for framing best judgment assessment, effective steps, such as issuance of a notice to the assessee intimating to him that he is proceeding to assess to the best of his judgment the amount of tax due from the dealer have to be taken within five years of the period concerned, it was observed: "Sub-section (4) of section 11 is attracted in a case where a dealer having furnished a return in respect of a period fails to comply with the terms of a notice issued under sub-section (2). In such a case the Assessing Authority has to take some effective step, such as issuance of a noti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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