9911796707
TMI Blog1996 (1) TMI 412X X X X Extracts X X X X X X X X Extracts X X X X ..... ment year in question is 1987-88. The declared turnover is Rs. 10,70,240 as considered by the assessee for the same reason of rejection of accounts, the assessing authority resorted to the best judgment approach and estimated the turnover in a similar manner, estimating the taxable turnover at Rs. 19,97,400. This was also based on the basis of the situation detected on inspection on March 17, 1988 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the statement of accounts submitted by the assessee have to be approached on the basis of an attitude of acceptance. This is even inspite of the power of the assessing authority to resort to best judgment assessment in a situation made available by peculiarity of facts and circumstances of each case. There is no dispute that the assessing authority has powers to resort to best judgment assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment must be based on plurality of factors. 5.. However, the factual matrix spell out hereinbefore shows that there is a single item of variation showing shortage of only 5.800 grams as against a total stock of 2,975.500 grams on the day of inspection. This situation is re-emphasized by the first appellate authority with a description that the stock variation is very very small when compared wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Circular No. 6 of 1990 dated June 5, 1990, the Board of Revenue recognised the difficulty occurring in gold trade having regard to the repeated weighments of small quantities as also weighment with stones. It is seen further that realising this problem directions are issued not to take any action against gold merchants if the excess stock found at the inspection was less than 2 per cent of the t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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