2006 (9) TMI 510 - HC - VAT and Sales Tax

Summary

Issues involved: Assessment under Karnataka Sales Tax Act, 1957 for the years 1994-95, 1995-96, and 1996-97.

Assessment Year 1994-95:
The appellant-dealer, engaged in running restaurants, faced assessment based on compounding of alleged offense by Intelligence authority. Assessing authority determined turnover by adopting five times establishment expenses. Appellate authority partially allowed appeal, directing retention of certain suppressions in reported turnover. Revisional authority initiated proceedings under section 22(1) of the Act, leading to the impugned order. Appellant challenged the order, questioning the necessity of revisional power based on compounding and suppression of expenses. Court held that compounding facts alone cannot justify reassessment, and observed no sales suppression except minor discrepancies. Revisional authority's decision to enhance turnover was deemed unjustified, and the matter was remitted back for fresh assessment based on establishment expenses percentage.

Assessment Years 1995-96 and 1996-97:
Assessing authority proposed to reject reported turnover due to lack of sale bills and low declared coconut purchases. Appellate authority partly allowed appeals, directing addition of estimated coconut turnover to declared sales. Revisional authority revised the order, enhancing turnover based on establishment expenses. Court found the revision unjustified, emphasizing that revision powers should not be used arbitrarily to increase revenue. The matter was remanded for a fresh assessment considering relevant material and evidence, with liberty granted to parties to submit necessary documents. Assessing officer was directed to complete proceedings within six months.

Conclusion:
The impugned orders were set aside, and the matter was remitted back for fresh assessment based on establishment expenses percentage. The assessing officer was directed to consider all available material and additional evidence, ensuring a fair assessment process without influence from previous orders. All contentions were left open, and the proceedings were to be completed within six months from the date of the order.