https://www.taxtmi.com/caselaws?id=164756 Penalty for a sales tax best judgment assessment is attracted only where the assessment is made under the provision equivalent to section 12(2), not where the account-based assessment framework is unavailable. The distinction between a true best judgment assessment and a case where correct accounts are accepted was central: section 12(2) applies when no return is filed or the return is incomplete or incorrect, while section 12(4) applies only where the dealer's accounts are found correct and assessment proceeds on that basis. As the accounts were not accepted and the assessment was made by estimate, the matter fell under section 12(2), and the penalty under section 12(5)(iii) was held unsustainable on the Revenue's footing. en-us Thu, 04 Dec 2008 00:00:00 +0530 Sat, 22 Nov 2014 12:23:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=164756 Penalty for a sales tax best judgment assessment is attracted only where the assessment is made under the provision equivalent to section 12(2), not where the account-based assessment framework is unavailable. The distinction between a true best judgment assessment and a case where correct accounts are accepted was central: section 12(2) applies when no return is filed or the return is incomplete or incorrect, while section 12(4) applies only where the dealer's accounts are found correct and assessment proceeds on that basis. As the accounts were not accepted and the assessment was made by estimate, the matter fell under section 12(2), and the penalty under section 12(5)(iii) was held unsustainable on the Revenue's footing. Case-Laws VAT and Sales Tax Thu, 04 Dec 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=164756