9911796707
TMI Blog2019 (7) TMI 192X X X X Extracts X X X X X X X X Extracts X X X X ..... ecting the same and in consequentially proceeding to make the best judgment assessment. Quantification of the turnover - HELD THAT:- In the first place, some elbow room has to be allowed to the revenue authorities while making estimation and no rule of exact measurement can be enforced against the assessing authority in this regard. In so far as the estimation is based on a valid and relevant consideration, the same does not call for any further or microscopic examination. In the facts of the present case, keeping in mind the admitted facts of the survey dated 06.05.2001 wherein the substantial amount of under production bricks and coal were found existing and also it was noted that the brick kiln was running, it is difficult to accep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r was of the opinion that the assessee must have run the brick kiln for 91 days. Accordingly, applying the selling rate of ₹ 1,250/- per thousand bricks, he estimated the total taxable turnover at ₹ 20,53,750/-. Commensurate to that production figure, he also estimated the purchase of coal at ₹ 4,75,000/- and sand at ₹ 10,000/-. 4. Being aggrieved, the assessee challenged the aforesaid assessment order before the first appellate authority. He contended that there was no material to estimate the firing period at 91 days and that the actual production period was only 18 days only. As to the absence of books of account, assessee explained that in the period immediately preceding and following the disputed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. Learned counsel for the assessee would submit, in the first place, there was no ill intent on part of the assessee with respect to the deficiency noted with respect to the books of account. The assessee had been admitted to the benefits of compounding for the periods immediately preceding and following the disputed period. Also, the assessee had applied for compounding even for the disputed period. Therefore, strict adherence of the procedure with respect to maintenance of books of account could not be enforced in this case. In any case, sale voucher had been produced during assessment proceeding which fully establish the curtailed period of production by the assessee. Then, it has been submitted that there is no adverse ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... riod at 56 days. As to the selling rate, it has been submitted that there is no material or evidence to rely to make any concession or deduction in that regard and therefore again the Tribunal has made a fair estimate. 8. Having heard learned counsel for the parties and having perused the record, in the first place, the conclusion drawn by the authorities as to rejection of books of account cannot be seriously disputed in the present case, as the assessee did not produce the books of account. Though he may have made an application for compounding, however upon rejection of that application for the purpose of making a regular assessment, the books would remain a requirement to be fulfilled by the assessee. In absence of those ..... X X X X Extracts X X X X X X X X Extracts X X X X
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