Best judgment assessment and past turnover history must both be considered when books of account are unavailable.

Where books of account were not produced, verification of disclosed turnover and exemption claims was not possible and a best judgment assessment was justified. However, in the absence of any finding of suppression or concealment, turnover should have been determined with reference to the assessee's past history. The Tribunal did not follow that approach, so its order was set aside and the appeals were directed to be decided afresh in accordance with law.

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Issues: Whether, in the absence of books of account, the turnover could be determined without reference to the assessee's past history and whether the matter required fresh consideration by the Tribunal.

Analysis: The books of account had not been produced, so verification of the disclosed turnover and exemption claims was not possible and a best judgment assessment was justified. At the same time, the record showed no finding of suppression or concealment, and the turnover ought to have been determined on the basis of the assessee's previous history. The Tribunal did not adopt that course.

Conclusion: The Tribunal's order was set aside and the appeals were directed to be decided afresh in accordance with law.

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