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1995 (9) TMI 355

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..... r gathering various materials, determined the taxable turnover at Rs. 2,68,521. The assessee is not maintaining accounts. On appeal, the Appellate Assistant Commissioner redetermined the taxable turnover at Rs. 1,03,964. The assessee filed an appeal before the Appellate Tribunal and the department filed an enhancement petition. The Appellate Tribunal, again redetermined the taxable turnover at r .....

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..... artment and the Tribunal is excessive. On the other hand, the learned Additional Government Pleader (Taxes) while supporting the order passed by the Tribunal, contended that inasmuch as the assessee failed to maintain proper account and the assessee was unable to explain as to the absence of turnover for some months in the assessment year under consideration, the estimate of turnover determined by .....

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..... . This was multiplied by three times and a sum of Rs. 2,68,521 was arrived at. From this, the Tribunal redetermined the taxable turnover for the assessment year under consideration at a round sum figure of rupees two lakhs. 4.. It is no doubt true that the assessee has not produced accounts in spite of the fact that notices were sent by the assessing officer several times. Rupees 22,050 even a .....

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..... appears to be on the high side. If we multiply Rs. 89,507 by two times, it would come to Rs. 1,79,014. Taking into consideration the submissions made by the learned counsel appearing for the assessee that it is not always possible to do the business of this nature in all the months in the assessment year under consideration, we would redetermine the total and taxable turnover at Rs. 1,50,000 inst .....

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