TaxTMI 
TaxTMI 
1963 (3) TMI 33
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....ons) Sales Tax, U.P., has referred to this Court the statement of a case from which the following two questions arise: (1) Whether the assessment of the applicant for the year 1949-50 can be said to be barred by limitation on the ground that the notice of demand was issued to the applicant after the expiry of three years from the end of the assessment year? (2) Whether the assessment of the ....
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....pplied in revision to the Judge (Revisions) who rejected its application. Then at its instance he submitted the statement of the case. Section 21 provides for a period of limitation only for the making of an assessment order. The Act does not contain any provision regarding a notice of demand to be served upon an assessee after passing an assessment order against him and consequently does not c....
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....ot issued or served upon it as soon as it was possible. What is contended is that the notice of demand should have been given before the expiry of three years but this contention is not supported by any law whatsoever. If an assessment order itself can be made up to the last day of the period of three years, it stands to reason that a notice of demand which is to follow it can be given even after ....
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....e dishonestly denied having carried on the business in the subsequent years, that he falsely stated that the business carried on in 1950-51 was a new business and that his conduct was dishonest. These facts could sustain a finding that its turnover in 1949-50 was Rs. 2,00,000. Best judgment assessment has to be by inference and if there is some material to justify the inference it must be maintain....