1995 (4) TMI 259

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....r section 8 of the West Bengal Taxation Tribunal Act, 1987 and is a substitute for one under article 226/227 of the Constitution of India in terms of the provisions of the Act of 1987 read with article 323B of the Constitution. The subject-matter is within the exclusive jurisdiction of this Tribunal, to which the jurisdiction of the High Court has been barred. This application arises out of rev....

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....ave been assessed at Rs. 12 lakhs, the Commercial Tax Officer arbitrarily assessed it at Rs. 16 lakhs after rejecting the books of account of the applicant. His submission is that the estimation of Rs. 16 lakhs as gross turnover was wholly arbitrary, without any basis. He points out that though certain reasons were offered by the Commercial Tax Officer for rejecting the books of account, no reason....

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....nd power to make a best judgment assessment in an appropriate case, while making such assessment he cannot make wholly an arbitrary estimation. The best judgment assessment should be based on something or some material which has nexus with the amount arrived at as gross turnover. In the present case, there is nothing to indicate as to what was the material on which the assessing officer based h....