https://www.taxtmi.com/caselaws?id=152842 Penalty under the best judgment provision is not leviable on turnover taken from the assessee's books and accepted in assessment, because that item is no longer part of an incomplete or incorrect return and cannot be treated as best judgment turnover. By contrast, penalty for wilful non-disclosure is sustainable where the turnover was omitted from both returns and surfaced only later before the Tribunal; a later contention that it belonged to another assessment year does not erase the initial suppression. The absence of an express finding of wilfulness does not prevent inference of deliberate omission from the facts. en-us Wed, 31 Oct 1979 00:00:00 +0530 Thu, 11 Jul 2013 17:30:37 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=152842 Penalty under the best judgment provision is not leviable on turnover taken from the assessee's books and accepted in assessment, because that item is no longer part of an incomplete or incorrect return and cannot be treated as best judgment turnover. By contrast, penalty for wilful non-disclosure is sustainable where the turnover was omitted from both returns and surfaced only later before the Tribunal; a later contention that it belonged to another assessment year does not erase the initial suppression. The absence of an express finding of wilfulness does not prevent inference of deliberate omission from the facts. Case-Laws VAT and Sales Tax Wed, 31 Oct 1979 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=152842