1970 (3) TMI 121

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....) Whether on the facts and circumstances of the case the Tribunal is justified in making an estimate of suppression beyond what was alleged to have been actually found by the officers of the department that is Rs. 14,11,354.67 for all the quarters from 31st March, 1960 to 31st March, 1962. (B) Whether the conclusion arrived at by the Tribunal is inconsistent with his finding in second appeal and, ....

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.... its appellate judgment the Tribunal held that the secreted accounts seized from the business premises of the petitioner were exhaustive as the entire premises were raided and all the papers were seized. Though it came to such a conclusion, it was of opinion that the ends of justice will be met if the estimate of suppression was made at Rs. 3,00,000 in respect of each quarter. 4.. Mr. Ray on beha....

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....there was no scope for making a further estimate of the suppressions de hors the genuine accounts seized. Law is now well settled that estimate of suppression must bear a reasonable nexus to the materials available. Merely because a dealer or assessee is found to have made certain suppressions the assessment cannot be raised to any extent as a punitive measure. The first case on the point is Raghu....