9911796707
TMI Blog2003 (5) TMI 501X X X X Extracts X X X X X X X X Extracts X X X X ..... the aforesaid three years, claiming exemption in respect of the entire turnover, representing cooked food and second sale of foreign liquor, except for the year 1987-88, during which period foreign liquor was taxable at two points. The assessing authority did not accept the books of accounts and the returns for the said three years on account of certain discrepancies and irregularities found on the basis of materials gathered in the inspection. The books of accounts for the three years were accordingly rejected and the turnover was estimated. The assessing authority, for the assessment year 1985-86, has estimated the turnover exigible to tax under section 5-A of the Act at 60 per cent of the purchase value of rice, provision, edible oil, dr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... portioned as taxable under section 5-A of the Act, which came to Rs. 4,58,865. The assessing authority had also estimated the sales of bewerages, empty bottles and empty containers and also purchases of prawns, etc. A further addition of Rs. 1,75,000 was also made towards omissions and suppressions based on the inspection conducted on September 17, 1987 in respect of foreign liquor. The taxable turnover was thus fixed at Rs. 20,01,600. Being aggrieved by the said three assessment orders, the petitioner filed appeals before the Appellate Assistant Commissioner, Agricultural Income-tax and Sales Tax, Alappuzha. These appeals were disposed of by separate orders dated November 30, 1990. The first appellate authority, it is seen, has practically ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity. For the assessment year 1987-88, the Tribunal confirmed the order of the first appellate authority so far as the fixation of taxable turnover under section 5-A of the Act is concerned. The Tribunal, however, reduced the addition of Rs. 1,00,000 sustained by the first appellate authority to Rs. 50,000 in respect of foreign liquor. 3.. Shri P. Balachandran, learned counsel appearing for the petitioner, submits that when the assessing authority and the first appellate authority had accepted the sales turnover of cooked foods and also the purchases effected evidenced by the books, there was no justification on the part of the said authorities to make an estimate of the taxable turnover under section 5-A of the Act. Counsel also submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... authority has fixed the taxable turnover under section 5-A at 50 per cent of the admitted purchases. In the absence of any material furnished by the petitioner regarding the non-exigibility to tax on the remaining items purchased, certainly, an estimation is called for. According to us, the first appellate authority had rightly fixed 50 per cent of the purchases as taxable, and the assessee is entitled to get exemption in respect of the purchases supported by bills, as allowed by the assessing authority. The Tribunal had found that the first appellate authority has granted reasonable relief for all the three years. In the circumstances of the case, we do not find any reason to interfere with the finding rendered by the two appellate author ..... X X X X Extracts X X X X X X X X Extracts X X X X
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