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TMI Blog2019 (1) TMI 1094X X X X Extracts X X X X X X X X Extracts X X X X ..... iew petitioner draws a distinction on facts which according to him, would place the matter in a totally different perspective and the assessee would be saved from the best judgment assessment and the power of estimation as conferred on the Assessing Officer. 2. On facts, it is to be noticed that the assessment year was 2010-11. On 15.03.2011, an inspection was conducted by the Intelligence Wing of the Department. Three diaries were detected from the premises which showed suppression of a total turnover of Rs. 38,68,750/- involved in altogether 72 transactions. The assessee immediately applied for compounding under Section 74 of the Kerala Value Added Tax Act, 2003 ('Act' for short) and after computation of the actual suppression de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red in such proceedings within a period of three months from the finalisation of such proceedings and on the receipt of such return by the Assessing Authority, the assessment for the return period or periods shall, subject to the provisions of sections 24 and 25, be deemed to have been completed: Provided that where a pattern of suppression is detected the Assessing Authority shall proceed with best judgment assessment in accordance with the provisions of Sections 24 and 25, as the case may be." 5. We are of the opinion that if we accept the contention of the learned counsel for the review petitioner, then the proviso to sub-Section (10) would be rendered redundant and otiose. However, the learned counsel would submit that the proviso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ject to Sections 24 and 25 of the Act; ie: an assessment completed under Section 21 is capable of being re-opened under Section 25 for assessment of escaped turnover wherein the Assessing Officer is conferred with the power to carry out assessment to the best of his judgment. The proviso is an abundant caution ensuring that merely because a return is filed and the deeming provision is applied, the Assessing Officer is not divested of the power of best judgment assessment and estimation to cover up probable omissions and suppressions. What has to be looked at is only as to whether there could be an estimation made on the basis of the suppression detected, especially on the finding that there is a clear and definite pattern of suppression ov ..... X X X X Extracts X X X X X X X X Extracts X X X X
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