2001 (3) TMI 1009 - HC - VAT and Sales Tax

Summary

Issues:
1. Tax liability on Indian made foreign liquor purchased from Kerala State Beverages Corporation.
2. Rejection of account books by authorities.
3. Addition to the total turnover based on suppressed turnover.
4. Calculation of best judgment assessment.

Analysis:
1. The petitioner, engaged in the business of Indian made foreign liquor, contended that the item is taxable at the first sale in the State and being the second seller, they are not liable to pay tax, only under turnover tax. The sales tax department found discrepancies in stock during an inspection, leading to an estimation of purchase value by the assessing authority. The appellate authority reduced the addition on IMFL and sales turnover of soda, but the Sales Tax Appellate Tribunal reinstated the assessing authority's order. The High Court agreed with the rejection of account books but disagreed with the assessing authority and the Tribunal on the addition to suppressed turnover, emphasizing that best judgment assessment should be based on discovered material, not kist amounts related to liquor supplied by the Beverages Corporation.

2. The Court referenced a Full Bench decision supporting the rejection of account books and the limitations of revisional power under the Sales Tax Act. It was noted that best judgment assessment should be made only when a pattern of variation is evident, related to the suppression detected during inspections. The Court disagreed with the assessing authority and the Tribunal's inclusion of kist amounts in calculating suppressed turnover, emphasizing the need for a factual basis for best judgment assessment, not assumptions related to kist payments.

3. The Court upheld the appellate authority's decision on the addition for suppression, limiting it to five times the detected amount during inspection. However, regarding the sale of soda, the Tribunal's estimate was deemed legally sound, leading to the confirmation of the Tribunal's order in this regard. The High Court set aside the Tribunal's decision on fixing the sales turnover of liquor, reverting to the appellate authority's findings, thereby disposing of the case accordingly.

4. In conclusion, the High Court's judgment focused on the proper calculation of suppressed turnover for best judgment assessment, emphasizing the need for factual evidence rather than assumptions. The Court upheld the appellate authority's decision on the addition for suppression and confirmed the Tribunal's estimate for the sale of soda, while setting aside the Tribunal's decision on fixing the sales turnover of liquor, ultimately disposing of the case in line with these findings.