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Balaji Mills Vs. the State of Madras - Court Judgment

LegalCrystal Citation
SubjectSales Tax
CourtChennai High Court
Decided On
Case Number Tax Case No. 198 of 1969 (Revision No. 129)
Judge
Reported in[1972]29STC397(Mad)
AppellantBalaji Mills
RespondentThe State of Madras
Advocates: T.R. Mani, Adv. for ;K. Srinivasan, ;D.S. Meenakshisundaram and ; R. Gangadharan, Advs.
Disposition Petition dismissed
Excerpt:
- veeraswami, c.j. 1. we are not inclined to interfere with the order of the tribunal. the assessee having made a return, he has to stand by it. he could not say that because he did not have the books with him, therefore, the return could have been incorrect. that is not contemplated by the act. if he could not make a return, in the absence of the books, he could have taken time for making the return, or alternatively, while making the return, he could have stated he could not vouch for the correctness of the same. neither course he took. the return submitted having been found to be incorrect, necessarily the tribunal's decision is correct. the tax case is dismissed.
Judgment:

Veeraswami, C.J.

1. We are not inclined to interfere with the order of the Tribunal. The assessee having made a return, he has to stand by it. He could not say that because he did not have the books with him, therefore, the return could have been incorrect. That is not contemplated by the Act. If he could not make a return, in the absence of the books, he could have taken time for making the return, or alternatively, while making the return, he could have stated he could not vouch for the correctness of the same. Neither course he took. The return submitted having been found to be incorrect, necessarily the Tribunal's decision is correct. The tax case is dismissed.


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