2001 (2) TMI 987 - HC - VAT and Sales Tax

Summary

Issues:
1. Rejection of accounts and addition to purchase turnover.
2. Tax liability on Indian-made foreign liquor sales.
3. Exemption claim for chicken purchase turnover.

Analysis:
1. The assessee, running a bar attached hotel, faced account rejection due to stock variations noted during an inspection. The assessing authority added 25% to the purchase turnover of various items, including liquor, soda, and soft drinks. The appellate authority increased the sales turnover of Indian-made foreign liquor and cooked food. The Tribunal rejected contentions on account rejection and turnover additions, upholding the authorities' decisions.

2. The assessee argued that as a second seller of Indian-made foreign liquor, they were not liable for tax. Citing a previous court decision, the assessee contended that purchases were only made from a governmental agency. The court referred to a similar case where unaccounted purchases led to a best judgment assessment, emphasizing the necessity for explanations on purchases. As discrepancies were found in the liquor stock, the court ruled in favor of the assessee, requiring evidence of unaccounted purchases to sustain additions.

3. Regarding the exemption claim for chicken purchase turnover based on meat exemption under Schedule III, the court disagreed. It clarified that the exemption applied to meat, not cooked food, which was the actual item sold. Referring to a Supreme Court decision on distinguishing between meat and cooked food, the court upheld the levy of purchase tax on chicken turnover. Consequently, the order was modified to delete the addition for foreign liquor and uphold other aspects, disposing of the case accordingly.