1992 (7) TMI 328

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....se the Tribunal erred in law in holding that there was service of notice on the assessee? (ii) Whether the estimate of the turnover had proper nexus with the materials on the record or was it arbitrary? 3.. The short facts leading to these two references are that the Deputy Commissioner, Commercial Taxes, Patna received a written complaint from one Sheodeni Prasad alleging therein that three persons, namely, Judagi Sa (assessee in this reference) Ram Khelawan Sao (assessee in Tax Case No. 145 of 1979) and one Doman Sao were running business in foodgrains without getting themselves registered under the provisions of the Bihar Sales Tax Act, 1959 (hereinafter referred to as "the Act"). It was mentioned in the report that these three per....

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....he assessing officer through ordinary mode and thereafter under registered cover but the same was refused by these assessees. The registered cover was refused with the endorsement of the postal peon of refusal by the assessees. The assessing officer thereafter held another local enquiry on February 19, 1973 and during the course of this enquiry he also found that these persons were carrying on business since 1965. Since the assessee failed to appear inspite of service of notice through various modes the assessing officer made best judgment assessment on the basis of various enquiry reports.   4. In the case of Judagi Sao the total turnover between January 31, 1965 and December 31, 1972, has been estimated to be Rs. 3,90,000 upon whi....

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....ered cover which were refused by the assessee. From the Tribunal's order it appears that since the assessees were avoiding service of notices the same were sent to them under registered cover which were refused by them. An affidavit was filed on behalf of the assessee before the revisional authority, i.e., the Commissioner of Commercial Taxes denying the service of notices upon them. The Tribunal rejected the stand of the assessees that notices were not served upon them and refused to place reliance upon the affidavit filed by them on the ground that according to the affidavit the assessees learnt about the assessment order for the first time from Mukhiya of the local Gram Panchayat but in support of this fact that they learnt from the Mukh....