2014 (4) TMI 179

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..... air determination of tax against the tax determined by the authorities. Only legally imposable tax could be recovered in the manner known to law - Any erratic assessment would certainly not be in the interest of the tax payer - Court was satisfied that assessee had made out a case to grant permission to it to produce all relevant books of account and documents to support its assessment against the proposition of tax issued by revenue - Two week`s time is granted to the petitioner to produce all books of account as required by the respondent - The impugned notice at Annexure-F and the proposition notice at Annexure-G are quashed only on the ground it is vitiated for denial of opportunity – Decided in favour of Assessee. - WP No.9436/201 .....

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..... the place of petitioner's business and on verification of books of account and other documents, issued notice alleging suppression of tax. The petitioner responded to the notice and filed reply contending inter alia that it has not suppressed any tax due and payable and also claims it has produced books of account. After receiving the reply from the petitioner, the inspecting authority sent a report to the respondent maintaining the allegation of suppression of tax. 5. Based on the inspection report, respondent initiated action and issued notice calling upon the petitioner to produce books of account for the period 2012-13. Petitioner claims he has produced the relevant books of account and available documents and sought time to pro .....

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..... , petitioner had clearly admitted it had not produced records on the ground they were with the auditor. He submits, it shows within the stipulated time it was not produced. Thus he prays to dismiss the petition with exemplary cost. 9. Keeping in mind the contentions of both sides and on perusal of the documents produced along with the writ petition, it could be seen the process of determining tax was initiated and has culminated in passing of Annexures-F and G. Though there is mention that the petitioner had not produced books of account, but as could be seen petitioner has already submitted returns and has paid tax as calculated by it. Therefore it cannot be said petitioner is totally at fault or is a defaulter. All that the petitioner .....

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