9911796707
TMI Blog2010 (7) TMI 900X X X X Extracts X X X X X X X X Extracts X X X X ..... main tained in respect of sale of premier brand as well as the cheaper brand of liquor but in the absence of any finding that the assessee maintaining a single sale account and not keeping separate accounts for sales of premium and cheaper brand and that the same is prejudicial to the interest of Revenue, we are unable to accept, the contention of the learned Government Pleader that maintenance of single account would result in loss of revenue to the State. Thus uphold the order passed by the Tribunal. - 129,132 of 2008 - - - Dated:- 1-7-2010 - PATIL N.K. AND NAGARATHNA B.V., JJ. ORDER:- The order of the court was made by MRS. B.V. NAGARATHNA J. These two revision petitions have been filed by the State challenging the ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the first appellate authority, the assessee preferred appeals before the Karnataka Appellate Tribunal. The Tribunal by its separate orders passed on July 31, 2007, allowed the appeal of the respondent-assessee. It is the said orders which are challenged in these revision petitions by the State. We have heard the leaned counsel for the parties and perused the material on record. The main contention of the State is that the respondent had maintained a single sale account in respect of the premium brand of liquor as well as cheaper or ordinary brand and that in the absence of there being no separate books of account maintained in respect of these brands of liquor, the assessment officer was justified in not accepting the books of account ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the sale bills were issued for all the sales and that the sales were credited to books of account as per the sale bills. That the taxable turnovers declared in the return of turnover filed was in conformity with the sales as per the books of account and that there was no detection that the assessee had failed to account for any sales or that the assessee had effected any sale outside the books of account. The Tribunal on verification of sales statements along with copies of sale invoices and sales registers produced gave a finding in favour of the assessee and held that the sales declared are acceptable and that there is no concealment or under-pricing of the sales which in our view does not call for any interference. However, the only con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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