OCEAN TIME AGENCY Vs. COMMISSIONER SALES TAX

JUDGEMENT

(1.) This revision is directed by the assessee against the Tribunal's order dated 16th November, 1988, for the assessment year 1982-83.

(2.) The assessee is a dealer in watches. The assessing officer rejected the book version of the assessee and estimated the sales of watches imported by the assessee at Rs. 7,00,000. The assessee appealed to the Assistant Commissioner (Judicial), who affirmed the rejection of the books. He was also of the view that sales of watches imported by the assessee were assessed by the assessing officer at a very low amount, i.e., Rs. 7,00,000 and he, therefore, enhanced the sales of watches purchased from outside to Rs. 13,00,000. The Tribunal affirmed the order of the Assistant Commissioner (Judicial), on appeal.

(3.) Before me, Sri Bharatji, learned counsel for the assessee, has not disputed the rejection of the books. The only submission made by him was that four forms "C", inter alia, which have been high-lighted by the authorities below in their orders, were also made the basis for the year 1983-84 and an assessment having been made for 1983-84 on 19th March, 1988, on the basis of four forms "C", the authorities below were not right in making assessment for the year 1982-83 on 16th November, 1983, on the basis of those very forms. However, from the perusal of the Assistant Commissioner (Judicial) and Tribunal's orders pertaining to the assessment year 1982-83, it is amply clear that the authorities below have clearly stated that four forms "C" related to the assessment year 1982-83. This being so, assessment for the year 1982-83 can very well be based on the four forms "C" and no plea can be taken by the assessee that since already assessment has been made on the basis of those forms in the assessment year 1983-84, they cannot be made basis for the assessment again for the assessment year 1982-83. Moreover, factually also this contention is not correct. A perusal of the assessment order relating to the assessment year 1983-84 clearly shows that in that year the assessment was made considering circumstantial evidence emerging from the state of affairs of the four forms "C". It cannot be said that another assessment was made in the year 1983-84 on the basis of four forms "C", but the fact is that four forms "C" were merely read as an evidence in the assessment relating to the assessment year 1983-84.