9911796707
TMI Blog1996 (9) TMI 579X X X X Extracts X X X X X X X X Extracts X X X X ..... a manufacturer of aluminium vessels and is a dealer registered with the Additional Sales Tax Officer, Chengannur. The assessment year is 1986-87. By the assessment order (annexure A) dated February 26, 1990, the Sales Tax Officer decided to make an addition of 10 per cent to the sales and 70 per cent with reference to the purchases. 3. For the assessment year in question, a total turnover of Rs. 12,30,402.06 and corresponding taxable turnover of Rs. 12,21,012.06 is written. This would obviously show that the difference is very little. The accounts were called and verified even then. In addition thereto, it is found that the business place appeared to have been inspected by the intelligence squad on October 23, 1986 and SIR appears to hav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessment order (annexure A) dated February 26, 1990, the Sales Tax Officer decided to make an addition of 10 per cent to the sales and 70 per cent with reference to the purchases. 3. For the assessment year in question, a total turnover of Rs. 12,30,402.06 and corresponding taxable turnover of Rs. 12,21,012.06 is written. This would obviously show that the difference is very little. The accounts were called and verified even then. In addition thereto, it is found that the business place appeared to have been inspected by the intelligence squad on October 23, 1986 and SIR appears to have been prepared. 4. With regard to the total turnover and taxable turnover reflected in the return, the Sales Tax Officer has given the following deta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the total turnover and 70 per cent to the purchase turnover, we would like to convey to the authorities what we were inevitably required to observe earlier. 10.. The Sales Tax Officer, in his order (annexure A), has pointed out the statutory provisions of rule 32(1)(i) of the Kerala General Sales Tax Rules requiring every dealer to keep and maintain a daily cash book. 11.. The Sales Tax Officer has considered the order of the Deputy Commissioner reducing the penalty in a ridiculous fashion still to sticking to it to state that even then the Deputy Commissioner has not found out that there is no case of omission. The Sales Tax Officer has not taken into consideration the factual peculiarities that the four industrial units functioned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sioner has given an almost clean certificate to the assessee regarding the stock variation, the Tribunal proceeds to observe that the stock was not separately stored. 15.. For all the above reasons, it is not possible to sustain any of the orders. However, the fortune of the situation is that the present revision case gave us an opportunity to convey our thoughts with regard to the approach, which requires essentially a practical and workable basis in enforcement of the statutory provisions. 16.. The result is that all the orders get quashed and set aside with a consequential direction that the assessment be proceeded with on the basis of the return filed by the assessee. Ordered accordingly. - - TaxTMI - TMITax - CST, VAT & Sal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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