1954 (1) TMI 25

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....or the issue of a writ of prohibition directing the Sales Tax Officer, Agra, not to proceed further with the assessment proceedings relating to the assessment of the petitioner under the U.P. Sales Tax Act. A notice was issued by the Sales Tax Officer calling upon the petitioner to file the returns of his turnover for the year 1952-53 and at the same time to appear and produce the account books be....

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....he petitioner be not asked to produce his account books. If the returns of the turnover can be competently called for, I cannot see why the Sales Tax Officer cannot call for the account books to verify their correctness. Of course, if the petitioner considers that he has no turnover which is liable to assessment under the Sales Tax Act, he can file a return show- ing that there is no turnover at a....

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....himself that there is no taxable turnover of that person. The petition proceeds on the assumption that the Sales Tax Officer, when he examines the return of the turn- over and the account books, would give a decision which would be contrary to the decision of this Court in Jai Prakash Budh Prakash v. The Sales Tax Officer, Kanpur and Others(1). No such assumption is justi- fied. It may be that ....