TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Consolidated appeals upheld by ITAT Delhi for sales assessments; tax rate disputes dismissed.</h1> <h3>M/s. TILAK RAJ MOHAN LAL. Versus THE STATE.</h3> M/s. TILAK RAJ MOHAN LAL. Versus THE STATE. - TTJ 003, 659, Issues:1. Assessment of sales for different years2. Transfer of appeals to ITAT Delhi3. Estimation of sales based on previous year's assessment4. Tax rate for specific products5. Dissolution of partnership and its impact on assessment6. Assessment based on best judgment7. Lack of documentation for sales estimation8. Justification of sales estimates for different yearsAnalysis:1. The appeals were filed by M/s. Tilak Raj Mohan Lal Gali No. 1, New Delhi for various assessment years. Appeals were transferred to ITAT Delhi after the repeal of the Bengal Finance (Sales Tax) Act, 1941 by the Delhi Sales Tax Act, 1975. The appeals were consolidated and heard together by the tribunal.2. The sales of the appellant for different years were assessed at varying rates by the authorities. The appellant's counsel agreed to the assessment based on the previous year's estimate for the year 1967-68. The tribunal found that the pleas for reduction of sales were irrelevant since the agreed assessment was consistent with the previous year's estimate.3. The appellant argued for a lower tax rate of 2% instead of 5% for the year 1967-68 due to the discontinuation of selling coca-cola. However, as no supporting evidence was provided, the plea was rejected. The tribunal noted that in other years, the sales were taxed at 2%.4. The issue of partnership dissolution was raised by the appellant during the proceedings. The tribunal held that since the dissolution plea was not raised earlier and lacked supporting evidence, it could not be entertained at that stage. The tribunal emphasized that without a dissolution deed or clear evidence, the plea of dissolution could not be considered.5. For the subsequent years, the assessments were made based on the best judgment of the authorities due to lack of proper documentation and explanation for declining sales. The tribunal upheld the sales estimates for the respective years, considering the previous year's assessments and the circumstances of each case.6. The tribunal dismissed all five appeals, concluding that the assessments made by the authorities were reasonable and justified based on the available evidence and circumstances.
TaxTMI 