2018 (2) TMI 1801

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..... e Petitioner (s) : ADV.SRI.MOHAMMED RAFEEQ, SR.GOVERNMENT PLEADER For The Respondent (s) : ADV. SRI.JOSHY THOMAS ORDER Vinod Chandran, J. Revision Petitioner-State is aggrieved with the interference made by the Kerala Value Added Tax Additional Appellate Tribunal, Palakkad, to the estimation carried out by the Assessing Officer for probable omissions and suppression. We are of the opinion th .....

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..... ed 'nil returns' for 2005-06. Based on Check post declarations for 1556 MTs of cement in the months of April, May, October, November and December, 2005, totaling a turnover of Rs. 59,12,800/-, proceedings were initiated for assessment after rejecting the books of accounts. 3. The proceedings culminated in Annexure-A order which added on a further quantity of 2178 MTs for the probable omis .....

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..... transaction effected by the assessee. The finding would be contrary to the principles of estimation on detection of suppression. The principles of best judgment enable the Assessing Officer to protect the interest of the Revenue and make reasonable estimation of turnover of an assessee, especially when an offence is detected of deliberate suppression; the test of reasonableness being the quantum o .....

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..... the outcome of the pending calender case before the Court of Judicial First Class Magistrate-I, Palakkad. We are unable to sustain the view taken by the Tribunal, insofar as relegating the assessee to the Assessing Officer after having sustained the taxable turnover on the suppression detected. There can be no further re-assessment made on the basis of the result of the criminal case. The learned .....

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..... e deletion of estimation as also the direction enabling the assessee to approach the assessing authority on the basis of the outcome of the case pending before the Court of Judicial First Class Magistrate-I, Palakkad. 5. However, we leave open the remedy of the assessee to proceed against the persons, who are found guilty of the offence. This O.T.Revision is allowed as above. No order as to cost .....

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