TaxTMI 
TaxTMI 
2008 (8) TMI 840
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....s of law for our consideration and decision. They are as under: "(i) Whether, on the facts and in the circumstances of the case, has not the Appellate Tribunal committed error in estimating the taxable turnover by incorporating the value of imported raw nuts for the purpose of arriving at the alleged suppression? Has not the appellate Tribunal failed to deal with the specific contention raised by the petitioner in this regard vide paras 4, 5 and 6 of the grounds of appeal? (ii) Is not the addition of two times retained by the Appellate Tribunal excessive and arbitrary in view of the fact that 164 bags of imported raw nuts were taken for quantifying suppression and the period of two inspection covers the whole year?" The assessee is a dea....
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....ed out various other omissions found by the Intelligence Officer of the Department at the time of the shop inspections and, therefore, while rejecting the returns filed by the assessee had issued a pre-assessment notice, inter alia, directing the petitioner to offer her explanation, if any, to the proposal made in the pre-assessment notice. In this revision petition, Dr. K.B. Mohammed Kutty, the learned senior counsel appearing for the assessee, confines this revision case, only to the omission pointed out by the assessing authority in regard to the shortage of imported raw cashewnuts of 164 bags valued at Rs. 6,15,328. According to the learned senior counsel, the shortage so noticed by the Intelligence Officer of the Department and also t....
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....o service by the parties to the lis, if for any reason, the Tribunal has failed to decide a question of law or has erroneously decided a question of law. Here we add that if the finding of the Tribunal on facts is a perverse finding, then also a question of law would arise for consideration and decision by this court. In the instant case, a best judgment assessment order is passed by the assessing authority purely based on the shop inspection report conducted by the Intelligence Officer of the Department, not once, but twice. The assessing authority by making use of the mahazars drawn by the Intelligence Officer of the Department at the time of the shop inspections had issued a pre-assessment notice to the assessee, inter alia, proposing t....
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....t of the assessing authority to have made any addition towards the possible and probable suppressions and omissions in so far as the shortage of imported raw cashewnuts of 164 bags valued at Rs. 6,15,328 is concerned. Apart from that, the learned senior counsel would submit that the addition made by the assessing authority is excessive and therefore, interference by this court is called for. None of the contentions canvassed by the learned senior counsel appearing for the assessee would impress us. It is a best judgment assessment. For passing a best judgment assessment there must be a rational basis and such rational basis must be found in the order itself. If such a basis is not available then the best judgment assessment passed by the ....