9911796707
TMI Blog1995 (2) TMI 385X X X X Extracts X X X X X X X X Extracts X X X X ..... Assessee's account books were not accepted, as there were defects noted at two surprise checks conducted in his place of business. Accordingly, as against the returned taxable turnover at Rs. 28,27,609.95, the assessing authority fixed the taxable turnover at Rs. 36,19,620. On appeal, the Appellate Assistant Commissioner re-fixed the taxable turnover at Rs. 31,63,180. Aggrieved by the decision of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sis of the findings of fact entered into by the authorities below, it cannot now be said that the rejection of the books of accounts was improper or illegal. 3.. The question that will arise for consideration is whether the authorities below were right in making the estimate of the taxable turnover. After rejecting the books of accounts, the assessing officer made an addition of 50 per cent towa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e at 10 per cent; and the sales turnover of empty containers and tea chest were reduced to Rs. 5,000 and Rs. 500 respectively. 4.. Even though the Tribunal came to the conclusion that stock variations were found in respect of taxable provisions and non-taxable tea at both inspections, they reduced the addition to 10 per cent instead of the 20 per cent fixed by the Appellate Assistant Commissione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of proviso (1) to section 5(2A)(i) of the Kerala General Sales Tax Act, 1963. 5.. From the above mentioned decision of the Tribunal, it is clear that the Tribunal went into all relevant aspects of the matter and came to a finding of fact that the books of accounts produced by the assessee are not acceptable and that best judgment assessment is the only feasible method. Pursuant to this finding, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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