1979 (7) TMI 217

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....ects in the accounts and determined the taxable turnover at Rs. 4,94,349.00, as against the turnover reported by the assessee. The assessee appealed to the Appellate Assistant Commissioner contending that the estimate was not proper. The Appellate Assistant Commissioner found that though some of the criticisms against the accounts were not material or correct, still there were some others which called for an estimate of the assessee's turnover. He sustained an addition of 2 per cent made by the assessing officer towards low yield and low gross profit and refixed the taxable turnover at Rs. 3,90,583.00 as against Rs. 4,94,349.00 determined by the assessing authority. The order of the Appellate Assistant Commissioner was examined by the Bo....

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....ve sold the 567 bags of gingerly seeds. Each of these letters came back with the endorsement "no such addressee at the address mentioned ". The learned counsel for the assessee contended that there was nothing which requires the assessee to record the name and address of each of the parties and the assessee had only recorded the name as given by the respective persons. We are unable to agree with this explanation attempted on behalf of the assessee. After all, these persons were purchasing only gingerly seeds. They had absolutely no reason to give fake addresses in order to escape any kind of liability to tax. The learned counsel for the assessee himself admitted that these persons were all persons living in villages who crush gingelly s....

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..... It is only the consumption that was taken at an average of 21 units on the basis of the test check. The consumption could only be 19.5 units and the difference in the consumption cannot lead to the inference that 567 bags were converted into oil. As pointed out by the learned counsel, the out-turn for the difference in units would only be about 250 bags and the value thereof would have to be taken for the assessment. The sale of oil and oilcake of 567 bags of gingerly seeds has been worked out to Rs. 88,452.00 by the Board of Revenue. In view of the fact that the assessee can be taken to have consumed for the purpose of crushing another 250 bags of gingerly seeds, the figure will be suitably modified by the assessing authority. We have pr....