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TMI Blog2016 (12) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... is Court is concerned has to be limited to the question of law and the fact finding inquiry cannot be undertaken by this Court. We find that the matter should be relegated to the revisional authority to undertake such exercise as it is the ultimate fact finding authority. Hence, we find it appropriate to interfere with the order of the revisional authority since no proper and satisfactory reasons are recorded to arrive at the factual conclusion as to whether figures arrived at by the assessing officer was correct or not and consequently, the finding recorded is without proper reasons being assigned by the revisional authority - the impugned order passed by the revisional authority is set aside and the matter is remanded to the revisional au ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue Added Tax Act, 2003, (hereinafter referred to as KVAT ACT ) and the Central Sales Tax Act, 1957. It had not filed any returns for the respective assessment year 2010-11. On 4.1.2011 inspection was made of the place of business of the appellant in the name and style of M/s. Ronn Inn Family Restaurant . At that time the Manager Sri. Thomas K. George, was present. His statement was recorded of providing liquor as well as vegetarian and non-vegetarian food to its customers. Certain bills were also recovered. On 2.2.2013 the third respondent proposed to levy tax on the basis of the inspection report and therefore, issued notice. On 30.8.2013, the third respondent passed the order of assessment, on the premise that the cost of the sale of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent. 4. As such, the reasoning of the revisional authority is recorded at Para 4 and on perusal thereof shows that the revisional authority is right to the extent that the first appellate authority, without verifying the correctness of the sale of food and drinks ought not to have accepted the figure submitted by the appellant. But, it further appears that the revisional authority has not recorded reasons as to why the determination of sales turnover of food and drinks by the assessing officer, while passing the assessment order, as fair and reasonable. As such it was required for the revisional authority to undertake further inquiry and to find out as to what should be the appropriate percentage of the amount of sale of food and d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order of the revisional authority, the bank account is freezed. Learned counsel for the appellant further submits that out of the said bank account, an amount of ₹ 1,54,000/- is already recovered and therefore, submits that if the bank account remains freezed it would be impossible for the appellant to continue with the business and therefore, that order of freezing of account be lifted and the appellant may be permitted to operate the bank account. 8. Whereas Mr. Shivayogiswamy, learned Additional Government Advocate states that as such the tax liability is more than the amount recovered, but, on reasonable condition to deposit the amount or to furnish appropriate bank guarantee, the appellant may be permitted to operate the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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