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TMI Blog2008 (9) TMI 894X X X X Extracts X X X X X X X X Extracts X X X X ..... )(b) of the Tamil Nadu General Sales Tax Act, 1959. We have heard the argument of the learned Government Advocate appearing for the revision petitioner. We are of the view that issue is squarely covered by the decision of this court in W.P. No. 23274 of 2002 dated October 26, 2007 (Krishna Alloy Steels v. Registrar, Tamil Nadu Taxation Special Tribunal [2008] 13 VST 424), wherein the Divisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be made to the best of the judgment of the assessing authority that penalty can be levied. It seems to us that the High Court came to the correct conclusion because sub-sections (2) and (3) have to be read together. Sub-section (2) empowers the assessing authority to assess the dealer to the best of its judgment in two events: (i) if no return has been submitted by the dealer under sub-section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ks are accepted along with other records there can be no ground for making a best judgment assessment'. 6.. The law so declared that the best judgment assessment is based on an estimate and is not one based solely on the account books was reiterated by the Supreme Court in the case of Commissioner of Sales Tax, Madhya Pradesh v. H.M. Esufali H.M. Abdulali [1973] 32 STC 77. 7.. Though oth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the turnover on which the penalty is to be levied under section 12(3). 8.. The assessments for the assessment years 1993-94 and 1994-95 which were assessments made on the basis of the accounts, and not based on any other material and were not estimates, have therefore, to be regarded as assessments made under section 12(1) to which the penal provisions of section 12(3) are not attracted. The l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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