2013 (5) TMI 780 - HC - VAT and Sales Tax

Court favors assessee, emphasizing need for tangible evidence in assessments.

The court ruled in favor of the assessee, setting aside the assessment orders that rejected the account books and conducted a best judgment assessment ... Rejection of books of accounts - Best Judgment assessment - whether the authorities were justified in rejecting the account books of the assessee for the assessment year 2004-05 on the basis of survey dated April 21, 2005 and to make best judgment assessment - Held that:- there was no other material before the authorities, which could demonstrate that the assessee had conducted any business during the relevant assessment year 2004-05, there was no justification for rejecting the account books and in making the best judgment assessment on the basis of stock found during survey dated April 21, 2005. - best judgment assessment cannot be made in an arbitrary manner on the basis of conjectures and surmises. There has to be some material to support such an assessment. A reference in this regard may be had to the decision of this court in case of Om Prakash Sharma v. Commissioner of Trade Tax wherein it has been very clearly ruled that the best judgment assessment cannot be made on assumption and presumption inasmuch as assumption and suspicion cannot be regarded as part of the evidence. - Decided in favour of assessee. Issues:Assessment based on rejected account books due to survey findings.Analysis:The revision pertains to the assessment year 2004-05, where the assessee, engaged in manufacturing steel almirah and coolers, had their account books rejected following a survey on April 21, 2005, leading to a best judgment assessment. Subsequently, the first appellate authority reduced the taxable turnover, prompting both parties to appeal to the Tribunal. The Tribunal partially allowed the assessee's appeal, further reducing the taxable turnover. The core issue in this revision is the validity of rejecting the account books based on the survey findings and subsequent best judgment assessment. The Tribunal's finding that the survey, conducted after the relevant year, cannot form the basis for assessment was crucial. The rejection of account books solely on post-assessment year survey grounds lacked supporting material, as highlighted by the absence of other evidence justifying such action.The revisionist's argument against the rejection of account books was supported by legal precedents emphasizing the necessity of relevant material for best judgment assessments. Citing cases like Manoj Sweet House and Ganga Kerana Stores, the court reiterated that surveys conducted in subsequent periods without additional evidence are insufficient for determining taxable turnover in the relevant assessment year. The court further emphasized that best judgment assessments must be substantiated by tangible evidence, as demonstrated in the case of Om Prakash Sharma, where assumptions and suspicions were deemed inadequate grounds for such assessments. Consequently, the court ruled in favor of the assessee, holding that the authorities were unjustified in rejecting the account books and conducting a best judgment assessment solely based on the post-assessment year survey, lacking any other substantial evidence of business activities during the relevant year.In conclusion, the court set aside the impugned assessment orders, allowing the revision in favor of the assessee. The judgment underscored the importance of substantive evidence in assessments, particularly in rejecting account books and conducting best judgment assessments, emphasizing the need for concrete proof rather than conjectures or assumptions.