2005 (1) TMI 698

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..... he Act for short). Revenue is before this Court inter alia questioning the correctness or otherwise the order passed by the Karnataka Appellate Tribunal in STA No.944/2000 dated 10.12.2003. 2. The respondent herein is a coffee planter and had filed his annual returns for the year ending 29.07.1997 before the Assessing Authority. The assessing authority had called upon the assessee to produce th .....

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..... f the accounts produced by the assessee, the Assessing authority and the first Appellate Authority could not have passed the assessment order by resorting to best judgment estimation and therefore, has set aside the orders passed by the authorities under the Act. Aggrieved by the said order passed by the Tribunal, the revenue is before this Court in this revision petition. 5. Sri Anand, learned .....

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..... essential ingredient and secondly, where regular books of accounts are maintained and where books are not rejected, the best judgment assessment resulting in enhancement in the turnover is not justified. 7. Keeping these principles in view, the Tribunal in its order has concluded that it is not in dispute that the assessee has maintained the regular books of accounts and it is also not in disp .....

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