1990 (7) TMI 319

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.... 1975-76 for which the dealer has been assessed. "Whether, on the facts and in the circumstances of the case, the computation of profit at the rate of 15 per cent in respect of the goods taxable at 5 per cent and 8 per cent and at the rate of 20 per cent in respect of the goods taxable at 12 per cent is legal and justified?" 2.. The dealer carries on the business of supply of motor parts, lu....

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....ricants and motor parts is excessive. He reduced it to 15 per cent in respect of hardware and 20 per cent in respect of lubricants and motor parts. Thus 5 per cent more than what was estimated by the dealer was added to the purchase price in respect of hardware goods and 10 per cent more than dealer's estimate was added to the purchase price of lubricants and motor parts. Dealer preferred second a....

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....ards bifurcation of different commodities for taxation at different rates, Mr. Kar submitted that there is no basis for the same. Submission of Mr. Kar is attractive but without force on the facts and in the circumstances of this case. 4.. Once on account of non-filing of return on due date, a dealer attracts liability for assessment to the best of judgment under section 12(4) of the Act, there....

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.... Correctness of accounts is not a sine qua non for accepting the return figure, and volume of business, conduct of the dealer, past records and other similar factors are to be taken into consideration to have an estimate. It should not be arbitrary. In the present case, Assistant Commissioner taking into consideration these matters for which there were materials before him, came to the conclusion ....