1975 (8) TMI 110 - HC - VAT and Sales Tax

Summary

Issues:
1. Estimation of current consumed for sawing timber
2. Estimation of turnover in the oil mill based on current consumption

Estimation of current consumed for sawing timber:
The case involved a dealer registered under the Sales Tax Act who operated an oil mill and undertook sawing of timber. The Sales Tax Officer estimated the turnover in the oil mill based on the consumption of current, with a specific allocation for sawing timber. The officer determined the current consumed for sawing timber at 7,600 units, considering 12 units of current required for sawing one candy of timber. The Appellate Assistant Commissioner and the Tribunal upheld this finding, concluding that 12 units of current were indeed necessary for sawing one candy of timber. The court held that these factual findings, based on the evidence available, could not be disturbed unless arbitrary or perverse, citing the principle from Sree Meenakshi Mills Limited v. Commissioner of Income-tax, Madras.

Estimation of turnover in the oil mill based on current consumption:
The Sales Tax Officer also estimated the current consumed for crushing copra, finding that 8 to 9 units of current were required for crushing one quintal of copra. The Appellate Assistant Commissioner adjusted this to 11 units per quintal. The Tribunal upheld this adjustment, emphasizing that the officer's findings on current consumption were well-founded. The court reiterated that unless the estimate made by the assessing authority is arbitrary and lacks factual basis, it should not be questioned. Referring to the decision in Commissioner of Sales Tax, Madhya Pradesh v. H.M. Esufali H.M. Abdulali, the court highlighted the importance of relevant bases for such estimates.

Conclusion:
The court found that the Tribunal had sufficient material to estimate the current consumed for sawing timber and to justify reliance on current consumption for estimating the turnover in the oil mill. As a result, the tax revision case was dismissed with costs, emphasizing the importance of factual findings and relevant bases for estimations in tax assessments.