9911796707
TMI Blog2018 (8) TMI 348X X X X Extracts X X X X X X X X Extracts X X X X ..... rder passed by the Karnataka Appellate Tribunal, Bengaluru, dated 28.7.2014 in STA Nos. 1160-1171/2011 (M/s. Shanthakoti Enterprises vs State of Karnataka), whereby the learned Tribunal upheld the estimate of suppressed turnover by the authorities below adopting the basis of information supplied by the Mining Department under Rules 42 and 43 of the Karnataka 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CTO while entertaining the rectification application, in the proposition notice has furnished month wise details of measurements in permit, measurements in corresponding sales invoices, difference in cu. Mts. And value thereof. Standard deduction in cubic meters is also allowed. Hence, we find that the estimation of suppressed turnover 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the KVAT Act are findings of fact in the realm of best judgment assessment by the authorities and unless there is a perversity in the same, no question of law arises requiring consideration by this Court under Section 65 of the KVAT Act. 7. Secondly, the contention raised by the learned counsel that the information 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 provision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on only to the extent of 15%. A perusal of the said Table by us also indicates that the percentage of difference between Permit quantity and Sales Invoices ranges between 13.93% to 33% or so. It may be more than 15% on an average but that does not establish any standard of deduction from gross turnover to be estimated 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 Rs. 28,64,220/ - appears to be reasonable and justified and therefore we cannot hold that such orders are perverse requ ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
