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1980 (3) TMI 248 - HC - VAT and Sales Tax
Issues:
1. Best judgment assessment of sales tax for multiple years based on hardware turnover estimation. Analysis: The judgment of the Kerala High Court involved tax revision cases arising from sales tax assessments under the Kerala General Sales Tax Act against the same assessee for the years 1970-71 to 1974-75. The assessing authority conducted best judgment assessments, finding discrepancies in the hardware items turnover due to fraud by a former employee. The authority estimated turnover by multiplying the running stock on 31st July, 1976, by 4. The Appellate Assistant Commissioner reduced this multiple to 2 for hardware items, considering no irregularities in other commodities. The Tribunal upheld this decision, deeming the estimation nominal. The petitioner contended that the hardware turnover estimation was arbitrary and legally unsustainable. The Court agreed, finding the assessing authority's approach flawed. The Court noted that data from previous years were available and accepted as correct, yet no reasons were given for not using this data for best judgment assessment. No investigation was conducted on price changes or business volume increase. The Court emphasized the importance of market price in turnover estimation based on running stock. Critically, the assessing authority's method of flat estimation by multiplying running stock by 4 on a date outside the relevant period was deemed grossly arbitrary and based on guesswork. The reduction to 2 by the Appellate Assistant Commissioner did not rectify the issue. Consequently, the Court allowed the tax revision cases, setting aside the Tribunal's orders on hardware turnover determination. The cases were remitted to the Tribunal for fresh consideration in accordance with law and the Court's observations. The Tribunal was given the discretion to remand the matters to subordinate authorities if necessary, with each party bearing their respective costs. The petitions were allowed, granting relief to the petitioner.
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