TMI Blog1990 (8) TMI 385X X X X Extracts X X X X X X X X Extracts X X X X ..... counsel for the petitioner, has addressed arguments before us pressing question No. 2. It is as follows: "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in relying upon the electricity consumption for estimating the turnover of groundnut oil and groundnut oil-cake?" 2.. Briefly stated facts are these: The assessing authority, for the assessment year Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndnut to him or purchased oil-cake for him. In that circumstance rejecting the books of accounts he made an estimate for the relevant year depending on the electrical energy consumed by the oil crusher installed at the assessee's oil mill at Maddur. The assessing authority also viewed with suspicion most of the transactions on account of the fact that all the purchases had been made from Mysore ci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er of oil mill which apparently has a crusher operated by electrical energy is not in dispute. It has come in the course of the orders of the first appellate authority as well as second appellate authority that the assessee had claimed that the consumption of electrical energy could not be a sound basis for estimating the cost. His brother had also used the electrical energy. In what manner and ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case of Raja Pullaiah v. Deputy Commercial Tax Officer [1969] 24 STC 90. In the said case the learned Judges, disposing of the writ petition in which the assessee had challenged the correctness of the estimate made on the basis of the consumption of the electrical energy, ruled that when tests were conducted in cases of other mill owners crushing oil, and when such test was not conducted in the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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