1996 (9) TMI 584 - HC - VAT and Sales Tax

Summary

Issues: Assessment based on rejected accounts, undervaluation of sales to sister concerns, ascertainment of stock, reduction of additions to declared sales and turnover.

In this case, the petitioner, a manufacturer of aluminium vessels, was assessed for the year 1984-85 by rejecting their accounts and making additions to the declared sales and turnover. The assessment order highlighted undervaluation in sales to sister concerns compared to sales to outsiders, leading to a clear case of undervaluation. However, the court noted that selling at different prices to different customers does not necessarily constitute undervaluation. The court also examined the issue of ascertainment of stock, particularly in relation to penalty proceedings where the Board of Revenue reduced the penalty imposed due to overlapping manufacturing activities with sister concerns. The court found that the reduction in penalty indicated errors in the initial assessment of stock quantities, which should have been considered in determining the final relief. The court observed that the reduction in the addition to declared sales from 30% to 20% was justified by the first appellate authority and confirmed by the Tribunal, while the addition to turnover remained at 70%. However, considering the overlooked aspects of undervaluation and stock ascertainment, the court reduced the addition to turnover from 70% to 40%, maintaining the 20% addition to declared sales. The court directed the authorities to proceed with the revised additions as per their judgment, thereby disposing of the tax revision case accordingly.