9911796707
TMI Blog1990 (7) TMI 319X X X X Extracts X X X X X X X X Extracts X X X X ..... assessed. "Whether, on the facts and in the circumstances of the case, the computation of profit at the rate of 15 per cent in respect of the goods taxable at 5 per cent and 8 per cent and at the rate of 20 per cent in respect of the goods taxable at 12 per cent is legal and justified?" 2.. The dealer carries on the business of supply of motor parts, lubricants, batteries, nuts and bolts. For th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duced it to 15 per cent in respect of hardware and 20 per cent in respect of lubricants and motor parts. Thus 5 per cent more than what was estimated by the dealer was added to the purchase price in respect of hardware goods and 10 per cent more than dealer's estimate was added to the purchase price of lubricants and motor parts. Dealer preferred second appeal before the Tribunal. Tribunal was sat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion at different rates, Mr. Kar submitted that there is no basis for the same. Submission of Mr. Kar is attractive but without force on the facts and in the circumstances of this case. 4.. Once on account of non-filing of return on due date, a dealer attracts liability for assessment to the best of judgment under section 12(4) of the Act, there is no scope for him to complain that the assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pting the return figure, and volume of business, conduct of the dealer, past records and other similar factors are to be taken into consideration to have an estimate. It should not be arbitrary. In the present case, Assistant Commissioner taking into consideration these matters for which there were materials before him, came to the conclusion that to the purchase figure and estimate of profit by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rates, enhancement at a higher percentage in respect of those goods which are main business and lesser percentage in respect of comparatively lesser business cannot be said to be unreasonable. There is no unreasonableness. 6.. If we had been exercising appellate power, question would have been different. In a reference under section 24, there is no scope for us to exercise the appellate power to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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