2000 (2) TMI 744 - SC - VAT and Sales Tax

Additional income - powers of High Court - Held that - Appeal allowed. As no question of law was involved and that, therefore, the High Court had no jurisdiction to set aside the order of the Tribunal which was essentially a decision on fact. In any event High Court does not appear to have noticed that the assessing authority had relied on no material which indicated that the additional income had come from transactions that were liable to sales tax. It was merely a presumption on his part and that presumption could not rightly be drawn.

Summary

The Supreme Court upheld the Tribunal's decision in a sales tax case where the assessing officer estimated turnover based on additional income disclosed by the appellant. The High Court's reversal was deemed erroneous as no legal question was involved. The civil appeal was allowed, setting aside the High Court's order and restoring the Tribunal's decision.