1997 (6) TMI 344 - HC - VAT and Sales Tax

Summary

Issues:
Assessment based on estimation of turnover using running stock method in a jewellery business.

Detailed Analysis:

1. Assessment based on Estimation of Turnover:
The revision pertains to a partnership-firm dealing in jewellery, which declared a total taxable turnover for the assessment year 1987-88. The assessing authority rejected the books of account due to suppression discovered during an inspection, leading to excess stock of gold ornaments and a shortage of silver ornaments. The assessing authority proposed to fix turnover at 4 times the running stock, which was later reduced to 3 times by the Tribunal. The revision challenges this estimation method.

2. Contention of the Revision Petitioner:
The revision petitioner argued against the adoption of the running stock method for turnover estimation, citing a precedent where an ad hoc addition was directed instead of relying solely on running stock multiples. The petitioner proposed a lower addition based on the actual amount of suppression, which was estimated at around Rs. 14,000, contrasting it with the facts of a different case.

3. Government Pleader's Response:
The Government Pleader countered the petitioner's argument by highlighting the significant differences in the quantum of suppression found in the present case compared to the precedent cited. Emphasizing the pattern of suppression discovered in the current assessment, the Government Pleader supported the Tribunal's decision to add 3 times the average running stock for gold and silver jewellery turnover estimation.

4. Judicial Decision and Modification:
After considering the submissions and facts of the case, the Court modified the Tribunal's order, reducing the turnover estimation from three times the running stock to two times the running stock. The Court found that this modification served the interest of justice. Consequently, the revision was partly allowed, and a related petition was dismissed.

In conclusion, the judgment addresses the assessment methodology for turnover estimation in a jewellery business, weighing the factors of suppression, pattern of discrepancies, and the appropriateness of the running stock method. The Court's decision to modify the turnover estimation underscores the nuanced approach required in such cases to ensure fairness and compliance with legal standards.