2007 (5) TMI 672 - HC - VAT and Sales Tax

Summary

Issues involved: The judgment involves the rejection of an appeal by the Kerala Sales Tax Appellate Tribunal against the orders of assessment for the assessment year 1998-99, based on questions of law raised by the assessee.

Question A: The Tribunal's error in finding that the business loss accounted for is not supported with documentary evidence.
- The Tribunal's decision was based on the lack of documentary evidence supporting the business loss accounted for by the assessee.

Question B: The Tribunal's failure to independently examine the explanation of the Revision Petitioner for projected loss.
- The Tribunal did not conduct an independent examination of the Revision Petitioner's explanation for the projected loss, which was a key issue raised by the assessee.

Question C: Justification of the Tribunal in sustaining the addition made in the sales turnover without specific cases of sales or purchase suppression.
- The Tribunal's decision to sustain the addition in the sales turnover was questioned due to the absence of specific cases of sales or purchase suppression.

Question D: The Tribunal's error in sustaining defects and rejection of returns and books of accounts without proper estimation.
- The Tribunal was criticized for sustaining defects and rejection of returns and books of accounts based on guesswork without a proper yardstick for estimation.

Legal Provision: The jurisdiction of the High Court to entertain a revision petition is limited to cases where the Tribunal has erroneously decided a question of law or failed to decide a question of law.

Conclusion: The High Court concluded that the questions raised by the assessee were not questions of law but rather questions of fact. Therefore, the revision petition was not entertained and was rejected. The assessee was granted two months to pay the dues under the Act for the assessment year 1998-99.