1975 (10) TMI 81 - HC - VAT and Sales Tax

Summary

Issues:
1. Whether the Appellate Tribunal erred in law in disturbing the finding on addition made by the Appellate Assistant Commissioner?
2. Whether there is material on record to make an addition of Rs. 2,66,840 to the turnover disclosed by the accounts?

Analysis:
1. The petitioner, a dealer in oil and grocery, declared a gross and taxable turnover of Rs. 21,57,358.07 for the year 1968-69. The Sales Tax Officer rejected the accounts and added Rs. 2,66,840 to the turnover due to discrepancies in stock and transport issues. The officer alleged deliberate suppression of bills to evade tax liability. The Appellate Assistant Commissioner confirmed the rejection of accounts but reduced the addition to Rs. 1,60,104, considering the suppression duration as six months. The Tribunal, however, overturned this decision, stating that the suppression could have extended beyond six months based on other possible inspections.

2. The High Court analyzed whether the Tribunal had sufficient material to infer that the suppression lasted longer than six months. Referring to precedents, the Court emphasized that a best judgment assessment must be based on an honest estimate supported by relevant evidence. The Court noted that the suppression detected over three months did not necessarily indicate a continuous pattern. The Tribunal's presumption of potential future variations lacked a factual basis, leading the Court to conclude that the Tribunal's decision was irrational. Consequently, the Court allowed the tax revision case, setting aside the Tribunal's order and upholding that of the Appellate Assistant Commissioner, without imposing any costs.