Madras Granites (P) Ltd. vs Commercial Tax Officer And Anr. on 30 October, 2002
6. A Division Bench of this Court in the case of Madras Granites (P)
Ltd vs. Commercial Tax Officer reported in 146 STC 642 has held that the
Quasi Judicial Authority, while exercising his quasi-judicial function for
completing the assessment, is not bound by the instructions of the higher
authorities. He has to independently apply his mind in taking the decision.
But, in the instant case, the respondent has passed the impugned assessment
orders simply based upon the report of the Enforcement Wing Officers and
without providing required documents to the petitioner, to disprove the
allegations. Moreover, the respondent, without recording any reason, has
simply overruled the objections raised by the petitioner, which is not
sustainable in law.