TMI Blog2018 (8) TMI 348X X X X Extracts X X X X X X X X Extracts X X X X ..... that the information or the documents maintained under Rules 42 and 43 of the Rules could not have been relied upon by the assessing authority under the provisions of the KVAT Act is misconceived. As a matter of fact, the actual removal of goods, minerals (granite in present case), the information and documents maintained by the Mining Department is indeed the best evidence which could be relied upon by the assessing authorities under the provisions of the KVAT Act. Assessment of suppressed turnover - Held that:- It is a matter of fact finding and best judgment assessment by the authorities under the Act. The assessee cannot claim as a right that deduction from gross turnover to the extent of more than 15% ought to have been given in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Minor Mineral Concession Rules, 1994 (hereinafter for short referred to as the Rules ), upon a survey of the business place of the petitioner on 20.10.2005, where it was found that the assessee was not filing his monthly returns regularly and again during inspection on 25.4.2007 it was observed that there were differences in the measurements of the sales invoices and that given in the Permits issued by the Department of Mines and Geology. Thus, the suppressed turnover to the tune of ₹ 28,64,220/ - was estimated by the assessing authority in the re-assessment order (Annexure-C) dated 26.2.2010 for the period from April 2005 to March 2006. 2. The reasons assigned by the learned Tribunal in the impugned order (Annexure-A) dated 28.7. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rnover is fair and justifiable. Hence, we answer Point No.1 in the affirmative. 3. Learned counsel for the petitioner-assessee, Mr. Thirumalesh submitted that the first Appellate Authority has referred to a communication dated 8.10.2009 and extracted the Table of removal of granite in the case of assessee and on the basis of the said communication issued by the Mysore Minerals Limited (Government of Karnataka Undertaking) dated 8.10.20 09 though the learned Joint Commissioner (Appeals) found that the difference between the quantity mentioned in the permits and sales invoices was more than 15% but he has dismissed the contention of the assessee that more deduction toward wastage in the production process should be allowed, and af ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the documents maintain ed under Rules 42 and 43 of the Rules could not have been relied upon by the assessing authority under the provisions of the KVAT Act is misconceived. As a matter of fact, the actual removal of goods, minerals (granite in present case), the information and documents maintained by the Mining Department is indeed the best evidence which could be relied upon by the assessing authorities under the provisions of the KVAT Act. While estimating the suppressed turnover, once during the course of survey at the business place of the petitioner-assessee, the officers of the Commercial Tax Department found that the measurements and quantum of granite sold by the petitioner-assessee during the said period did not tally with th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated on the basis of such records maintained by the Mining Department to any exact extent. The deduction given by the assessing authority and as upheld by the two Appellate Authorities to the extent of 15% on the basis of which the suppressed turnover in the present case has been finally estimated to the extent of ₹ 28,64,220/ - appears to be reasonable and justified and therefore we cannot hold that such orders are perverse requiring our interference under Section 65 of the KVAT Act. 9. We do not find any force in the Revision Petitions. No question of law arises from such finding of Tribunal. The Revision Petitions are liable to be dismissed and accordingly they are dismissed. No costs. Copy of the order may be sent to the Res ..... X X X X Extracts X X X X X X X X Extracts X X X X
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