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may 1957

Supreme Court of India · 1957-05-22

RAGHUBAR MANDAL HARIHAR MANDAL vs THE STATE OF BIHAR

Citation / case number
SC 1954/90279
Court
Supreme Court of India
Petitioner
RAGHUBAR MANDAL HARIHAR MANDAL
Respondent
THE STATE OF BIHAR
Bench
DAS, S.K.

Judgment text excerpt

The Supreme Court held that under Section 10(2)(b) of the Bihar Sales Tax Act, 1944, the assessing authority must base its assessment on evidence or material available, rather than mere guesswork. The Court found that the Sales Tax Officer's rejection of the appellant's accounts and subsequent estimation of gross turnover without reference to any evidence was invalid. Consequently, the assessment made was set aside, reinforcing the principle that assessments must be fair and based on available evidence.

RAGHUBAR MANDAL HARIHAR MANDAL vs THE STATE OF BIHAR · Niyam