1994 (11) TMI 400 - HC - VAT and Sales Tax

Summary

Issues:
Assessment for the year 1987-88 - Addition of 2% of turnover as excessive.
Assessment for the year 1988-89 - Discrepancy in stock valuation, treatment of received jewels, and turnover estimation.

Analysis:
*Assessment for 1987-88:*
The assessing authority made an addition of 60% of the returned turnover towards omissions and suppressions, later reduced to 2% by the Appellate Tribunal. The Court found no reason to interfere with this addition, as it was based on facts and not arbitrary. The appeal was dismissed.

*Assessment for 1988-89:*
The assessing authority estimated the taxable turnover at six times the average running stock due to stock discrepancies, which was reduced to five times by the Tribunal. The Court noted discrepancies in the treatment of received jewels and stock valuation. The Tribunal erred in treating stock from Nellore and Bombay as suppressed items. The Court accepted the explanation for non-accounting of these jewels and directed deduction of their value from the alleged stock discrepancy. The Court also highlighted that the entire stock difference cannot be treated as suppressed stock. The turnover estimate was deemed arbitrary and unreasonable, leading to the order being set aside for re-determination.

In conclusion, the Court dismissed the tax revision case for 1987-88 and remitted the matter back to the Appellate Tribunal for fresh determination of taxable turnover for 1988-89. The Tribunal was instructed to expedite the hearing and dispose of the case within three months.