1990 (7) TMI 327

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....tion 24(3) of the Orissa Sales Tax Act, 1947 (hereinafter referred to as "the Act") on the following question of law:   "Whether, on the facts and in the circumstances of the case the enhancement of the gross turnover is justified?" The aforesaid question of law arises out of the second appellate order in respect of assessment for the year 1975-76. 2.. The assessee is a dealer regist....

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....anation of the dealer was also not accepted. But the enhanced turnover was reduced to Rs. 40,000. In second appeal by the dealer the Tribunal confirmed the same. 3.. Mr. A.B. Mishra, learned Standing Counsel for the Commercial Tax Department, submitted that once there is a best judgment assessment, the quantification of the turnover is a question of fact and there is no scope for interference w....

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....notjustified in confirming the reduced enhanced turnover by the Assistant Commissioner. Accordingly, the question is to be answered in favour of the assessee. 4.. Under section 24(5) of the Act, the Tribunal is to give a fresh hearing to determine the gross turnover and taxable turnover keeping in view the principles of best judgment assessment and determine the same afresh. However justificati....