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    <title>1962 (4) TMI 80 - BOMBAY HIGH COURT</title>
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    <description>Where account books are found on valid factual findings to be irregular and unreliable, a best judgment assessment of turnover is permissible if the estimate is material-based, honest and fair; the turnover assessment was therefore sustained. Where the statute required previous approval before a delegated penalty power could be exercised, approval given by an Assistant Commissioner did not satisfy that condition because the Commissioner&#039;s prior approval was mandatory; the penalties were consequently invalid and set aside. The result was that the assessment on turnover stood, but the penalty component was quashed for want of lawful statutory approval.</description>
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    <pubDate>Wed, 04 Apr 1962 00:00:00 +0530</pubDate>
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      <title>1962 (4) TMI 80 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=128503</link>
      <description>Where account books are found on valid factual findings to be irregular and unreliable, a best judgment assessment of turnover is permissible if the estimate is material-based, honest and fair; the turnover assessment was therefore sustained. Where the statute required previous approval before a delegated penalty power could be exercised, approval given by an Assistant Commissioner did not satisfy that condition because the Commissioner&#039;s prior approval was mandatory; the penalties were consequently invalid and set aside. The result was that the assessment on turnover stood, but the penalty component was quashed for want of lawful statutory approval.</description>
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      <pubDate>Wed, 04 Apr 1962 00:00:00 +0530</pubDate>
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