Reasonable opportunity in escaped assessment rejected where repeated chances to inspect seized records were not availed.

Repeated opportunities to inspect seized diaries and business slips, produce accounts, and verify the records were afforded before completion of the escaped assessment. Because the assessee and the authorised representative either sought time or did not avail those opportunities, and no objection was raised when the records were ultimately verified, there was no denial of reasonable opportunity or breach of fairness. The challenge to the assessment on that ground was rejected, and the assessments based on the seized records were upheld.

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Issues: Whether the assessee was denied reasonable opportunity to inspect the seized records and meet the pre-assessment notice before completion of escaped assessment.

Analysis: The assessee was given repeated opportunities after the inspection and seizure of records, including notices to produce accounts, to verify the seized diaries and business slips, and to take extracts if necessary. The assessee and later the authorised representative either sought time or did not avail the opportunities granted, and no objection was raised when the records were eventually verified. On these facts, the assessing authority and the Tribunal were justified in holding that there was no denial of opportunity or breach of fairness in the assessment proceedings.

Conclusion: The contention that the assessee was not given a reasonable opportunity was rejected, and the assessments based on the seized records were upheld.

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