2019 (12) TMI 57 - HC - VAT and Sales Tax

Rejection of books of accounts - estimation of production based on electricity consumption - sale of raw material due to low production yield - low quality of raw material - HELD THAT - Once the Tribunal has itself recorded the finding that the entire production activity was regularly monitored by the excise authorities and that the raw material was of poor quality, there did not exist any material to reject the books of accounts of the assessee solely on account of electricity consumption appearing to be in excess - In absence of any material brought on record as may evidence sale of raw material in the same form and condition or of excess production, the conclusion drawn by the Tribunal to uphold rejection of books of accounts and to sustain the estimation of turnover to any extent is self contradicted by the Tribunal's own finding. Revision allowed - decided in favour of the assessee and against the revenue.

Summary

Issues:
Challenge to the rejection of account books and estimation of turnover based on low production yield and industrial accident.

Analysis:
The case involves a revision filed against the order of the Commercial Tax Tribunal, which partly allowed the assessee's appeal but upheld the rejection of account books. The assessee, engaged in the manufacture and sale of MS Ingots, faced a serious industrial accident resulting in the loss of lives and impairment of business operations. The Tribunal had reduced the estimated turnover but maintained the rejection of account books.

In a previous assessment year, a similar best judgment assessment was made, which was later allowed upon revision. The court held that the rejection of account books based on a solitary ground cannot be sustained, especially when a reasonable explanation was provided by the assessee regarding irregular electricity consumption and the impact of the industrial accident on business operations.

The main question of law in the present revision was whether the Tribunal was justified in rejecting the account books and presuming sale of raw material solely due to low production yield, despite explanations provided by the assessee. The High Court noted that there was no substantial material to doubt the correctness of the account books, as the industrial accident and closure of the factory were well-documented. The excise authority monitored the production activity, and credit notes indicated the poor quality of raw material.

The Tribunal's decision to reject the account books solely based on electricity consumption and sustain the turnover estimation was deemed contradictory. Without concrete evidence of excess production or sale of raw material, the rejection of account books was unjustified. Consequently, the High Court allowed the revision, answering the question of law in favor of the assessee and against the revenue.