1961 (6) TMI 12

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... at Vypeen under the name and style of "Vypeen Oil Mills". That is his family business, and consists of purchasing and converting copra into coconut oil and cake and selling within the State and outside, the coconut oil and cake so manufactured. The Sales Tax Officer had for the assessment year 1951-52 found the taxable turnover to be Rs. 2,60,644-11-3, excluding the price of copra, whose oil has ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....orities rely, does not authorise assessment being reopened by the taxing authority, because of some legal error having been committed, where the order had been passed with due care and without any part of the turnover having been concealed. In support he relies on State of Madras v. Louis Dreyfus and Company Ltd.[1955] 6 S.T.C. 318., where rule 17 of the Madras General Sales Tax Rules, which is si....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ason of an inadvertence, omission or deliberate concealment on the part of the assessee, or because of want of care on the part of the officer the turnover, though in the books, has not been taken notice of. This would be the natural and normal meaning of the expression 'turnover which has escaped' in rule 17(1)." The aforesaid observations are entitled to great weight when determining the limits....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... a part of assessable income, it is a case where the said part of the income has escaped assessment." The aforesaid conclusion cannot be confined to assessments under the Income-tax Act alone, because it has been rested on the dictionary meaning of the word "escape", which is held also to mean "to get clear away from (pursuit or pursuer); to succeed in avoiding (anything painful or unwelcome)".....