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TMI Blog2013 (5) TMI 780X X X X Extracts X X X X X X X X Extracts X X X X ..... essment cannot be made in an arbitrary manner on the basis of conjectures and surmises. There has to be some material to support such an assessment. A reference in this regard may be had to the decision of this court in case of Om Prakash Sharma v. Commissioner of Trade Tax wherein it has been very clearly ruled that the best judgment assessment cannot be made on assumption and presumption inasmuch as assumption and suspicion cannot be regarded as part of the evidence. - Decided in favour of assessee. - Sales/Trade Tax Revision No. 314 of 2007 - - - Dated:- 28-5-2013 - PANKAJ MITHAL, J. Shubham Agrawal for the petitioner. U.K. Pandey, Standing Counsel, for the respondent. JUDGMENT Heard Sri Shubham Agrawal, learned cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th ₹ 65,000 was found. The assessing authority taking the above stock as base, assessed the taxable turnover for the assessment year 2004-05, which has been reduced partly by the first appellate authority and further by the Tribunal. The Tribunal in dismissing the appeal of the Department has recorded a finding that as the survey was not done in the relevant year, it cannot be made the basis for assessment. Once the Tribunal has returned the above findings, it was not open for it to have upheld even the rejection of account books of the assessee on the basis of survey conducted subsequent to the relevant year. No other material on the basis of which the account books could be rejected was available before the authorities. 7. Apart ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... est judgment assessment on the basis of stock found during survey dated April 21, 2005. 11. In addition to the above, it is also well-settled that best judgment assessment cannot be made in an arbitrary manner on the basis of conjectures and surmises. There has to be some material to support such an assessment. A reference in this regard may be had to the decision of this court in case of Om Prakash Sharma v. Commissioner of Trade Tax[2009] UPTC 578 wherein it has been very clearly ruled that the best judgment assessment cannot be made on assumption and presumption inasmuch as assumption and suspicion cannot be regarded as part of the evidence. 12. In view of the above, the question raised above, is answered in favour of the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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