1987 (10) TMI 357

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....ya Pradesh, Gwalior, which is the Tribunal constituted under the Madhya Pradesh General Sales Tax Act, 1958 (hereinafter referred to as "the Act"), has referred the following question to this Court for its opinion under section 44(1) of the Act: "Whether, on the facts and circumstances of the case, the Tribunal was justified in ruling that the best judgment assessment was uncalled for despite t....

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....ancement in his turnover. This contention deserved to be accepted. The only reasons given by the learned assessing authority for making best judgment assessment are that two returns were not furnished and the profit and loss account showed a loss of Rs. 2,177 and there was no day-to-day manufacturing account. These do not appear to be sufficient for rejecting the accounts. As the learned appellate....

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....f the M.P. General Sales Tax Rules also by a notification dated 24th April, 1976. Section 26 of the Act and rule 52 of the Rules as they stood after amendment make elaborate provisions for maintenance of account by a registered dealer. Section 26 of the Act and rule 52 as they stood before amendment during the relevant Diwali year 1974-75 did not make any such provisions. They only required accoun....

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....he assessing authority must find that as a result of non-maintenance of stock register, non-submission of stock list and non-maintenance of manufacturing account, the method of accounting employed by the assessee was such that in his opinion the assessment could not properly be made on that basis. 5.. In the instant case, neither the Assistant Sales Tax Officer nor the Appellate Assistant Commi....