9911796707
TMI Blog1998 (9) TMI 614X X X X Extracts X X X X X X X X Extracts X X X X ..... ion: firstly, whether the Sales Tax Appellate Tribunal was right in holding that the defects as pointed out in the book keeping constitute a ground to justify the rejection of the book version; and secondly, whether the Tribunal was right in sustaining an addition of 5 per cent to the taxable turnover disclosed by the assessee for the year under review. 3.. The assessing authority rejecting the b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee. 5.. On further appeal, the Tribunal relying on Central Automobiles v. State of Kerala [1975] 35 STC 478 (Ker) and Indo Burma Stationery and Paper Stores v. State of Tamil Nadu [1984] 57 STC 290 (Mad.) held that non-maintenance of the stock register and non-maintenance of the details of the opening and closing stock on taxable and non-taxable goods constituted serious defects warranting reject ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were accepted by the assessing authority in spite of the non-availability of opening stock and closing stock inventories. (ii) The accounts for the year 1987-88 were also accepted by the Income -tax Department for the purpose of income-tax......... (iii) Moreover, the sales of taxable goods show an increase of Rs. 1,54,791.27 over the previous year". 7.. The appellate Tribunal held as under: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rnover for the year". 7.. In Raju v. State of Kerala (1993) 2 KLT 781 this Court held that "before reversing a decision of the lower appellate authority, a duty is cast on the Appellate Tribunal to meet the reasonings of the first appellate authority and indicate its own reasons for the conclusion to be reached-It is not sufficient if the Tribunal at its ipse dixit states that it disagrees with t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rst appellate authority has not even referred to them. In the result, the tax revision case partly succeeds and is allowed. The case is remitted to the Appellate Tribunal to refer to the reasons given by the first appellate authority, in so far as addition to the taxable turnover is concerned and then assign its own reasons to justify addition, if any, proposed to be made to the taxable turnover. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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