2003 (6) TMI 459 - HC - VAT and Sales Tax

Summary

Issues:
1. Stock variation and rejection of accounts.
2. Estimation of turnover by making additions to the returned turnover.

Issue 1: Stock variation and rejection of accounts

The matter arose under the Kerala General Sales Tax Act, 1963, where the revision petitioner, an assessee engaged in the retail business of readymade garments, filed a return for the assessment year 1993-94 claiming exemption on a turnover of Rs. 82,908. Following an inspection that revealed stock variation of Rs. 73,488, the assessing authority proposed to reject the books of account and issued a pre-assessment notice. The assessee contended that the stock variation was due to customer preferences and pressure from the Intelligence Officer led to admitting the offense. The assessing authority added 25% to the taxable turnover for omissions and suppressions. The appellate authorities upheld this decision based on unaccounted sales evidenced by sale bills and stock discrepancies. The Tribunal justified the rejection of accounts and the addition made to the turnover.

Issue 2: Estimation of turnover by making additions to the returned turnover

The court considered the materials available before the assessing authority, including the inspection report and the compounding of the offense by the assessee. The first appellate authority noted discrepancies between sales depicted in sale bills and entries in the account books. Despite unaccounted transactions amounting to Rs. 73,488, an addition of Rs. 3,45,625 was made to the turnover. The court found this addition unreasonable, considering the explanation offered by the assessee regarding stock variation and the circumstances of the case. The court acknowledged the assessee's history of accepted accounts in previous and subsequent years but emphasized the need for a different approach due to the inspection and admission of maintaining inaccurate accounts. Consequently, the court limited the addition to 15% of the returned turnover, directing the assessing authority to modify the assessment accordingly.

In conclusion, the court allowed the Tax Revision Case (T.R.C.) to the extent of modifying the addition to the turnover, emphasizing the importance of a balanced approach in estimating turnover and addressing stock discrepancies in sales tax assessments.