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TMI Blog1996 (7) TMI 536X X X X Extracts X X X X X X X X Extracts X X X X ..... oresaid year fixing the taxable turnover of Rs. 1,34,329.65. In respect of the above assessment year, the petitioner filed a return declaring the total turnover of Rs. 45,47,185.97 and claimed total exemption on the ground that the sales represent second sales. Pursuant to the assessment notice proposing rejection of the accounts under section 17(3) of the Kerala General Sales Tax Act, 1963 obje ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ayment of tax. He also pleaded that in view of the minor variation in the stock the turnover returned by the assessee should be accepted. 3.. The prime point raised by the assessee is that he being the second seller the turnover is liable to be exempted. When such a claim is raised it is for the assessee to prove that he is not liable to be taxed. It is so provided in section 12 of the Kerala Ge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... undoubtedly disclosed unaccounted purchases and sales during the assessment years 1984-85 and 1985-86. When the turnover of a dealer who claims to be a second seller originates from unaccounted purchases he can only be treated as a first seller in so far as the goods involved in such purchases are concerned unless he produces evidence to show that he is not liable to be taxed under the Act. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led unaccounted sales on different date. When the assessing authority proposed prosecution proceedings, the assessee has filed a petition to compound the offence departmentally. Accordingly, the petitioner paid an amount of Rs. 10,000 as compounding fee in lieu of prosecution. That would sufficiently indicate that the stock variations reported by the assessing authority were correct and there was ..... X X X X Extracts X X X X X X X X Extracts X X X X
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