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TMI Blog2017 (10) TMI 1101X X X X Extracts X X X X X X X X Extracts X X X X ..... g accepted after the levy of composition fee, it goes without saying that such returns, for all the practical purposes, shall be the returns and deemed to have been presented within the time permissible for the relevant assessment year. Whether a best of judgment could have been made? - Held that: - there could not have been an estimate of turnover without any material especially when the returns filed by the petitioner, though belatedly, have been accepted by the respondent - the decision in the case of A.Ponnusamy Vs. Government of Madras [1967 (7) TMI 119 - MADRAS HIGH COURT], would be squarely applicable to the facts of the present case, where it was held that it is only any excess sales not covered by the purchases that can be added ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 08.8.2016 and that without affording reasonable time, the assessments have been finalized ex parte. 3. For the assessment year 2013-14, the petitioner filed W.P.No.30686 of 2016 raising similar contention and this Court found that 15 days' time would be reasonable to submit their objections. Accordingly, W.P.No.30686 of 2016 was disposed of on 02.9.2016. 4. By taking note of the order dated 02.9.2016 in W.P.No.30686 of 2016, W.P.No.32153 of 2016 was disposed of on 15.9.2016 by directing the petitioner to treat the assessment order dated 30.8.2016 (AY 2014-15) as a show cause notice and submit their objections within 15 days and further directed the respondent to redo the assessment after affording an opportunity of personal h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tional Government Pleader, the respondent was justified in invoking the powers under Section 27(1)(a) of the said Act where, for any reason, the whole or any part of the turnover of business of a dealer has escaped assessment to tax, the Assessing Officer may determine to the best of judgment, the turnover so escaped. In the instant case, but for the inspection conducted, the turnover would have escaped assessment. Therefore, the learned Additional Government Pleader submits that the Assessing Officer was justified in passing the impugned orders to safeguard the interests of the Revenue. 7. Heard the learned counsel for the parties and perused the materials placed on record. 8. The issue, which falls for consideration in the instant c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essed sales is correct. In the said case, as a result of discovery of certain books from a sugar broker, the Department discovered suppression of purchases and sales of sugar. Some of those transactions were found to have been entered into with out-of-State dealers. In applying best judgment, the Revenue added to the turnover on the basis of suppressed purchases and also on the basis independently of suppressed sales. The Tribunal found the order to be correct. The Division Bench held that the Tribunal's view cannot be supported and held that when purchases have been made and have not been shown in the accounts and sales have been made, which did not find place in the accounts, it may be reasonable to assume that the goods covered by su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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