1978 (10) TMI 147 - HC - VAT and Sales Tax

Summary

Issues: Best of judgment assessment, rejection of additional evidence, interpretation of rule 48 of the Appellate Tribunal Regulations

In this case, the High Court of Kerala addressed the issue of a best of judgment assessment conducted by the Sales Tax Officer, where the turnover of the assessee was estimated at over Rs. 6 lakhs and an additional amount was added based on best judgment. The Deputy Commissioner of Sales Tax later reduced the added amount to Rs. 50,000 upon appeal by the assessee. Subsequently, the Sales Tax Appellate Tribunal refused to allow the assessee to produce additional evidence at the second appeal stage, citing the need for the assessing officer to examine the evidence first. The Tribunal, despite acknowledging the existence of documentary evidence to explain discrepancies, set aside the assessment order and remitted the files back to the assessing officer for fresh disposal.

The Court found the Tribunal's actions irregular and wrong, emphasizing the restrictions on accepting additional evidence under rule 48 of the Appellate Tribunal Regulations. The rule allows for the admission of additional evidence only under specific circumstances, such as when the authority from whose order the appeal is preferred has refused to admit evidence that should have been accepted, or if the evidence was not within the party's knowledge at the time of the original order. The Court cited a previous judgment to highlight the limited scope of accepting additional evidence and criticized the Tribunal for allowing the appeal and directing a fresh disposal based on the additional evidence tendered by the party, deeming it unsustainable and improper.

Ultimately, the High Court allowed the tax revision case, setting aside the Tribunal's order and remitting the appeal back to the Tribunal for fresh disposal in accordance with the law and the observations made in the judgment. The Court made no order as to costs, concluding the matter.