1961 (7) TMI 66 - HC - VAT and Sales Tax

Summary

Issues:
1. Assessment of turnover based on suppression of sales by the assessee.
2. Validity of the estimate made by the assessing authority.
3. Comparison with previous judgments to support the contention of arbitrary estimation.

Detailed Analysis:
1. The judgment pertains to a revision petition challenging the assessment of turnover for the year 1955-56 of a dealer in groundnut oil and cake. The Commercial Tax Officer estimated the turnover of the assessee at Rs. 11,32,253-9-0 based on the suppression of sales. The assessee had submitted a gross turnover of Rs. 16,31,211 and a net turnover of Rs. 8,96,549. The Commercial Tax Officer seized account books from another business, revealing suppression of turnover by the assessee in the current and previous years.

2. The Deputy Commissioner of Commercial Taxes and the Sales Tax Appellate Tribunal upheld the assessment. The petitioner contended that there was no basis for the additional estimate of Rs. 2,61,828-15-8 for the remaining year. The petitioner argued that subsequent inspections did not reveal any further suppression after the initial seizure of account books. The counsel relied on judgments to support the claim that the estimate was arbitrary.

3. The court analyzed the judgments cited by the petitioner and distinguished them from the current case. It was noted that in the previous cases, estimates were made without sufficient material or evidence, solely based on suspicion or reputation. However, in the present case, the Tribunal found secret books indicating suppression, along with a history of previous suppression by the assessee. The court concluded that there was substantial material to support the estimate made by the assessing authority, dismissing the revision petition and awarding costs to the respondent. The court highlighted that the assessment was not based on mere suspicion but on concrete evidence of suppression, justifying the estimate made.