2010 (7) TMI 900 - HC - VAT and Sales Tax

Whether, in the facts and circumstances of the case, the Tribunal is justified in accepting the taxable turnover declared by the assessee with respect to premium and cheaper brands of liquor? Held that - The Tribunal on verification of sales statements along with copies of sale invoices and sales registers produced gave a finding in favour of the assessee and held that the sales declared are acceptable and that there is no concealment or under-pricing of the sales which in our view does not call for any interference. However, the only contention of the learned Government Pleader is that a single sale account was main tained in respect of sale of premier brand as well as the cheaper brand of liquor but in the absence of any finding that the assessee maintaining a single sale account and not keeping separate accounts for sales of premium and cheaper brand and that the same is prejudicial to the interest of Revenue, we are unable to accept, the contention of the learned Government Pleader that maintenance of single account would result in loss of revenue to the State. Thus uphold the order passed by the Tribunal.

Summary

Issues involved:
Challenging order of Appellate Tribunal on taxable turnover for premium and cheaper brands of liquor.

Detailed Analysis:

1. Factual Background:
- The respondent-assessee, engaged in liquor business, filed returns for assessment years regarding Central sales tax.
- Assessing officer did not accept initially produced books of account, later accepted but passed a common order for the assessment years.
- First appellate authority partly allowed appeals, which were further appealed to Karnataka Appellate Tribunal.

2. Contentions of the State:
- State argued that the assessing officer was justified in not accepting books of account due to a single sale account for premium and cheaper liquor brands.
- State contended that the Tribunal should have dismissed the matter as the books of account were not maintained separately for different brands.

3. Contentions of the Assessee:
- Assessee provided sale registers and invoices during the appellate stage, leading to partial relief from the first appellate authority.
- Assessee argued that the Tribunal correctly accepted the sale bills and taxable turnover, warranting no interference in the revision petitions.

4. Judgment Analysis:
- The assessing officer conducted a best judgment assessment without specifying how the sale price of liquor was quantified.
- Tribunal found that all liquor was sold in inter-State sales, with sales bills issued and sales recorded in books of account.
- Taxable turnovers declared in the return were found to be in line with sales as per books of account, with no concealment or under-pricing detected.
- The Tribunal's decision in favor of the assessee was upheld, dismissing the revision petitions as no substantial question of law arose.
- The argument regarding the maintenance of a single sale account for different liquor brands was rejected as not prejudicial to the State's revenue interests.

5. Conclusion:
- The High Court upheld the Tribunal's order, dismissing the revision petitions and affirming that no substantial question of law was raised.
- The judgment emphasized the adequacy of the assessee's documentation and the lack of revenue loss due to maintaining a single sale account for different liquor brands.