1999 (4) TMI 596 - HC - VAT and Sales Tax

Summary

Issues:
Revision petitions challenging the Trade Tax Tribunal's order for assessment years 1991-92 and 1992-93 regarding the average selling rate of tendu leaves.

Analysis:
The revisionist, a merchant dealing in tendu leaves, contested the rejection of their books of accounts by the assessing officer based on another dealer's selling rate. The Tribunal reduced the average selling rate for the revisionist after considering the quality of tendu leaves sold. The revisionist argued the authorities' approach was arbitrary and lacked evidence of price suppression. The High Court emphasized that a finding of fact cannot be interfered with unless based on no evidence or irrelevant considerations. The Tribunal's reliance on another dealer's selling rate was deemed irrelevant as it was not established that they dealt in the same quality of goods as the revisionist.

The High Court noted that the quantity of goods bought and sold by the revisionist was undisputed, and the rejection of their average selling rate lacked legal and relevant basis. The Court concluded that the Tribunal's decision to enhance the turnover was not sustainable, and the declared turnover by the revisionist should have been accepted. Consequently, the revision petitions were allowed, and the Tribunal was directed to reconsider the appeals in accordance with the law.