1993 (7) TMI 320 - HC - VAT and Sales Tax

Summary

Issues:
Assessment of taxable turnover for a jeweler under the Kerala General Sales Tax Act, 1963 for the year 1988-89 based on estimation and rejection of accounts.

Detailed Analysis:

The revision petitioner, a jeweler, had their books of account rejected for the assessment year 1988-89, resulting in the estimation of turnover by the assessing authority. The Appellate Assistant Commissioner reduced the turnover of gold, but the assessment was mostly confirmed. The Sales Tax Appellate Tribunal modified the estimates, reducing the turnover of gold ornaments and the addition in respect of silver. The Tribunal also directed a re-examination regarding the ownership of a car. The assessee, dissatisfied with the relief granted, filed a revision challenging the Tribunal's decision.

During the hearing, two main points were raised: the rejection of accounts and the estimation of sales turnover of gold ornaments at 2.5 times the average running stock. The court found no substance in the revision, noting discrepancies in gold stock during an inspection and unaccounted sales of gold. The Tribunal's decision to reject the accounts was upheld.

Regarding the estimation of turnover, the court considered a recent decision and emphasized that the Tribunal had the authority to fix the quantum of estimate in a best judgment assessment. The method of estimating sales turnover based on the average running stock for a jeweler was deemed acceptable. The Tribunal's decision to adopt the multiple of running stock as a basis for estimation was found to be valid, with no error in the approach taken. The court highlighted that the Tribunal had the discretion to choose a permissible basis for estimation based on the facts of the case.

The court concluded that the Tribunal's decision did not disclose any error of law and that there was no failure to decide any question of law. The revision was deemed without merit and dismissed, upholding the Tribunal's order.