1969 (12) TMI 2

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....e High Court of Orissa, in Cases Nos. 82 and 83 of 1963 on its file wherein the High Court in exercise of its power under section 29(iii) of the Orissa Agricultural Income-tax Act (to be hereinafter referred to as " the Act ") set aside the judgment of the Agricultural Income-tax Appellate Tribunal as well as that of the Assistant Collector of Agricultural Income-tax, Sambalpur. The question for c....

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.... by Rs. 30,000 and for the year 1953-1954 by Rs. 20,000, after giving notice to the assessee to show cause against the proposed enhancement. The Tribunal affirmed that decision. The Assistant Collector, Agricultural Income-tax, called upon the assessee to produce the books mentioned in his notice. The assessee produced only some books out of those mentioned in the notice. The remaining books he ....

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....ssessment. His order does not disclose the basis on which he has enhanced the assessment. The mere fact that the material placed by the assessee before the assessing authorities is unreliable does not empower those authorities to make an arbitrary order. The power to levy assessment on the basis of best judgment is not an arbitrary power ; it is an assessment on the basis of best judgment. In othe....