1989 (7) TMI 315 - HC - VAT and Sales Tax

Summary

Issues: Assessment based on rejection of books, enhancement of sales turnover, estimation of sales of watches purchased from outside

Assessment based on rejection of books:
The assessee, a dealer in watches, challenged the Tribunal's order for the assessment year 1982-83, which estimated the sales of watches imported by the assessee at Rs. 7,00,000 after rejecting the book version. The Assistant Commissioner (Judicial) affirmed the rejection of books and enhanced the sales of watches purchased from outside to Rs. 13,00,000. The Tribunal upheld this decision. The counsel for the assessee did not dispute the rejection of books but argued that the assessment for 1982-83 should not be based on forms "C" already used for the assessment year 1983-84. However, the court found that the forms "C" were specifically related to the assessment year 1982-83, allowing the assessment to be based on them.

Enhancement of sales turnover:
A preliminary objection was raised regarding the jurisdiction of the Assistant Commissioner (Judicial) to enhance the turnover without an appeal on the turnover issue. The Tribunal clarified that turnover was part of the first appeal, giving the Assistant Commissioner (Judicial) the authority to make enhancements if supported by facts. The Assistant Commissioner (Judicial) estimated the sales of watches purchased from outside at Rs. 13,00,000 based on the average of purchases made under forms "C" and a 20% profit margin. However, the court found errors in the estimation process, noting that conclusive evidence was lacking for the remaining forms. The court determined a reasonable estimation of Rs. 10,00,000 for the sales of watches purchased from outside.

Estimation of sales of watches purchased from outside:
The Assistant Commissioner (Judicial) based the estimation of Rs. 13,00,000 on the average of purchases made under forms "C" and a 20% profit margin. However, the court found errors in the estimation process, highlighting the lack of conclusive evidence for the remaining forms. The court concluded that a more reasonable estimation would be Rs. 10,00,000 for the sales of watches purchased from outside. As a result, the revision was partly allowed, directing the assessing officer to calculate the tax based on the revised estimation of Rs. 10,00,000 instead of Rs. 13,00,000 determined by the Assistant Commissioner (Judicial) and the Tribunal.