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    <title>2004 (9) TMI 633 - WEST BENGAL TAXATION TRIBUNAL</title>
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    <description>A best judgment entertainment tax assessment must rest on a fair, honest estimate based on relevant material, not arbitrary guesswork; where inspections were limited and the occupancy assumptions appeared inconsistent with past figures, the assessment was remitted for fresh consideration after hearing the assessee. On penalty for delayed returns, the governing statute was read as permitting the penalty to stand or be fully condoned, but not partially reduced; the reduced penalty was therefore set aside. The result was remand on the assessment issue and annulment of the penalty component.</description>
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    <pubDate>Thu, 30 Sep 2004 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=163609</link>
      <description>A best judgment entertainment tax assessment must rest on a fair, honest estimate based on relevant material, not arbitrary guesswork; where inspections were limited and the occupancy assumptions appeared inconsistent with past figures, the assessment was remitted for fresh consideration after hearing the assessee. On penalty for delayed returns, the governing statute was read as permitting the penalty to stand or be fully condoned, but not partially reduced; the reduced penalty was therefore set aside. The result was remand on the assessment issue and annulment of the penalty component.</description>
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