9911796707
TMI Blog2002 (11) TMI 764X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Additional Sales Tax Officer, IInd Circle, Kollam, as per order dated November 20, 1981 (annexure C) determining the taxable turnover at Rs. 88,15,169.68. The petitioner is mainly aggrieved by the inclusion of a turnover of Rs. 27,95,463 under raw nut purchase in Kerala and an addition of Rs. 13,97,731.50 being 50 per cent of the said purchase to cover up probable omissions and suppressions and an addition of Rs. 44,92,135.18 representing alleged consignment sales of kernels processed out of such unaccounted purchases. The petitioner therefore filed appeal against the assessment order before the Additional Appellate Assistant Commissioner, Agricultural Income-tax and Sales Tax, Kollam, who by his common order dated October 30, 1982 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t there is discrepancy in the amount shown in annexures A and B, took the stand that annexure A would clearly establish the local purchase made in the State of Kerala and included the turnover of local purchase of raw nuts to the tune of Rs. 27,95,463 in the assessment under the Act. Counsel also submitted that there is absolutely no justification for adding 50 per cent of the said amount towards probable omissions and suppressions. The counsel further submitted that there is absolutely no justification for including a turnover of Rs. 44,92,135.18 as unaccounted sales turnover of cashew kernels within Kerala. 3.. Learned Government Pleader appearing for the respondent submits that the trading and profit and loss accounts for the year ende ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of an amount of Rs. 27,95,463 and the addition of 50 per cent of the said amount towards probable omissions and suppressions and (2) addition of a sum of Rs. 42,50,400 towards sales suppression. As regards the first item the case of the petitioner is that he did not purchase raw nuts locally in the State of Kerala, that during the relevant period the raw cashewnuts could be purchased only through the canalising agency since the State had resorted to monopoly procurement of local raw cashewnuts and alloted the same in specific quotas to the processing factories in the State. The petitioner has also got a case that annexure A profit and loss account relates to the transactions made in the State of Tamil Nadu and that a copy of the same wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ealers have also effected purchases of cashew nuts and kernels at their Head Office at Quilon within Kerala State and have also imported African nuts to the tune of Rs. 7,17,960". The appellate authority had accordingly rejected the contention of the assessee and confirmed the addition made by the assessing authority. The Appellate Tribunal agreed with the findings of the first appellate authority and confirmed the additions made by the assessing authority. We find that the first appellate authority has given cogent reasons for upholding the additions. Though the counsel for the petitioner repeated the same arguments as advanced before the authorities and the Tribunal, on the face of the findings of fact entered by the authorities and the T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tune of Rs. 42,50,400 is unaccounted. 6.. The first appellate authority has observed that the petitioner has not produced any supporting evidence to prove that the kernels sent on March 29, 1979 are for consignment sales. The Tribunal also noted the said finding of the appellate authority and concurred with the same. The circumstances pointed out by the assessing authority in regard to the purchase of empty tins; the absence of closing stock of tins; the export of 6,440 tins of kernels in 3,220 cases and the further circumstance that the petitioner had not produced any evidence in respect of the alleged consignment transaction, all points to the fact that the petitioner had effected unaccounted purchase of local raw cashewnuts and also un ..... X X X X Extracts X X X X X X X X Extracts X X X X
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