2009 (3) TMI 946 - HC - VAT and Sales Tax

Summary

Issues involved:
The issues involved in the judgment are:
1. Whether the Tribunal is justified in setting aside the further addition of tax on the established/admitted suppression of turnover?
2. Whether the Tribunal is right in setting aside the order passed by the assessing authority and confirmed by the first appellate authority?

Issue 1:
The respondent, a partnership firm dealing in paints, was assessed under the Karnataka Sales Tax Act, 1957 for the year 2002-03. The Assistant Commissioner of Commercial Taxes passed a final assessment order on August 21, 2004, determining a gross turnover and taxable turnover. A penalty was also imposed under section 12(4) of the Act. The respondent appealed against this assessment, which was dismissed by the first appellate authority. Subsequently, a second appeal was filed before the Tribunal, which on May 9, 2009, allowed the appeal, setting aside the orders of the assessing authority and the first appellate authority for the year 2002-03.

Issue 2:
The State challenged the Tribunal's decision through a revision petition, questioning the justification of setting aside the assessing authority's order. The State argued that the assessing authority estimated the second sales turnover based on a report by the Assistant Commissioner of Commercial Taxes (Intelligence), adding an additional turnover amount. The Tribunal, however, found that the assessing authority's estimation was based on guesswork and lacked sufficient evidence. The Tribunal noted discrepancies in the turnover calculations and upheld the penalty under section 12(4) but disagreed with the further additions made without proper basis. The Tribunal concluded that the additional turnover was arbitrary and confirmed its decision to partially allow the appeal.

In conclusion, the High Court upheld the Tribunal's decision, finding the further addition made by the assessing authority to be arbitrary due to lack of supporting evidence. The revision petition filed by the State was dismissed, affirming the Tribunal's order.