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1996 (4) TMI 477

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..... upholding the rejection of the accounts and addition of 5 per cent of the total volume of business amounting to Rs. 77,867.50 the assessee has approached this Court by this revision under section 41 of the Kerala General Sales Tax Act, 1963. We have been taken through all the three orders. 2.. The order of the assessing authority-the Assistant Commissioner (Assessment) has in details considered c .....

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..... reto that the said cotton yarn is taxable item at 4 per cent the sale value of the above which is to be estimated by adding 10 per cent gross profit which together would be subjected to tax. The fourth item is also shown as non-taxable relating to the purchase of plastic rope valued at Rs. 2,378 from Pune as per bill No. 212 dated November 30, 1983. It is observed that this also would be taxable i .....

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..... stated. 5. The first appellate authority-Additional Deputy Commissioner (Appeals), Ernakulam, has observed that the assessee has not taken sufficient care to maintain true and proper accounts and factually the situation was not of interference in the rejection of accounts. Considering the volume of business amounting to Rs. 23,40,410.82, as held by the assessing authority, only addition of 5 per .....

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..... y we would not think of any interference it becomes much more difficult in exercise of power under section 41 of the Kerala General Sales Tax Act, 1963. 8.. Learned counsel invited our attention to the Rectification Petition No. 1 of 1993 and the order dated March 17, 1993 in regard thereto passed by the Tribunal. This was after the filing of this petition. Even going through the order stating th .....

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