1986 (11) TMI 367 - HC - VAT and Sales Tax

Summary

Issues:
1. Assessment of tax on raw materials issued to a karigar.
2. Discrepancy in recording transactions in account books.
3. Allegation of suppression of sales and estimation of suppressed turnover.

Analysis:
1. The revision pertains to an order by the Sales Tax Tribunal for the assessment year 1978-79 under the U.P. Sales Tax Act. The Tribunal discarded the dealer's book version of accounts due to a parcha recovered during a survey. The dispute revolved around whether the raw materials issued to a karigar should be taxed as a sale. The Tribunal held that the transaction amounted to a sale, leading to a tax liability of Rs. 46,000. The method of maintaining accounts by the dealer was not disputed by the department, emphasizing the entries in the karigar register as sufficient record-keeping.

2. The Commissioner of Sales Tax contended that there was suppression of sales based on the recovered parcha, suggesting a higher estimated turnover than Rs. 46,000. However, the dealer argued that no suppression occurred as the relevant entries were in the karigar register, and the method of maintaining accounts did not necessitate entries in other account books until wages were paid. The Tribunal's decision focused on taxing the raw material cost and not on finding any suppression of turnover, leading to the dismissal of the Commissioner's claim of suppression.

3. The High Court upheld the Tribunal's decision, emphasizing that the entry of raw material issuance to the karigar in the karigar register sufficed for tax assessment purposes. The Court rejected the claim of suppression of sales amounting to Rs. 46,000, noting that the Tribunal's taxation was based on the raw material value and not on any proven suppression. Consequently, the revision was dismissed, affirming the Tribunal's order and rejecting the Commissioner's plea for redetermination of suppressed turnover.