1993 (10) TMI 324 - HC - VAT and Sales Tax

Summary

Issues:
1. Assessment under the Kerala General Sales Tax Act, 1963 for the year 1983-84.
2. Rejection of accounts and best judgment assessment.
3. Appeal before the Sales Tax Appellate Tribunal.
4. Revision filed against the common order of the Appellate Tribunal.

Analysis:

1. The case involves an assessee under the Kerala General Sales Tax Act, 1963 for the assessment year 1983-84, running an oil mill along with a mill for grinding wheat and hulling paddy. The assessee reported a total and taxable turnover, which was later rejected, leading to a best judgment assessment by the Revenue fixing the taxable turnover at a higher amount, resulting in a demand for tax and surcharge. The rejection of accounts was based on various discrepancies found during an inspection, including missing purchase records and inconsistencies in stock levels.

2. The Appellate Assistant Commissioner upheld the rejection of accounts and the best judgment assessment, with modifications in the estimate made for electrical energy consumption. Both the assessee and the Revenue filed appeals before the Sales Tax Appellate Tribunal, resulting in a common order dismissing both appeals. The assessee filed a revision against the Tribunal's order, challenging the rejection of accounts and the quantum of estimate, but the revision was found unsustainable due to procedural errors.

3. During the revision proceedings, the main plea of the assessee was that the rejection of accounts was unjustified and that the Tribunal failed to address the energy consumption for job works. However, the Tribunal's order was deemed legally sound, upholding the rejection of accounts and the estimate made by the assessing authority based on current consumption in the absence of proper records.

4. The High Court, after considering the arguments presented, concluded that the revision filed by the assessee lacked merit both procedurally and on the merits of the case. The Appellate Tribunal's decision was found to be based on sound reasoning, with no errors of law identified. Consequently, the revision was dismissed, affirming the Tribunal's common order.

In summary, the High Court dismissed the revision filed by the assessee against the common order of the Sales Tax Appellate Tribunal, upholding the rejection of accounts and the best judgment assessment made by the Revenue for the assessment year 1983-84 under the Kerala General Sales Tax Act, 1963.