Suppression of turnover and penalty sustained where factual findings on stock records and trading accounts were not perverse.

The High Court declined revisional interference with the Tribunal's factual finding of suppression of turnover under the Tamil Nadu General Sales Tax Act, because the inspection records, day book and cash balance, missing stock account for outside-State purchases, and excess stock at inspection supported the conclusion. The Tribunal's estimate of suppressed turnover based on the trading account and earlier gross profit rate was accepted, and the dealer's explanation founded on delivery challans and later purchase bills was rejected on facts. As no perversity, illegality, or irregularity was shown, the finding of suppression and the consequential penalty were sustained.

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Issues: Whether the finding of suppression of turnover and the consequential penalty under section 12(3)(b) of the Tamil Nadu General Sales Tax Act, 1959 called for interference in revision.

Analysis: The Tribunal had examined the inspection records, the state of the day book and cash balance, the absence of stock account for outside-State purchases, and the excess stock noticed at inspection. It accepted the officers' working of suppressed turnover by reference to the value-based trading account and the gross profit rate reflected in the earlier year. The explanation based on delivery challans and later purchase bills was rejected on facts. The High Court found that the Tribunal had rendered a factual finding on the material before it, and that no perversity, illegality, or irregularity was shown to warrant revisional interference.

Conclusion: The finding of suppression and the penalty were sustained, and the revision failed.

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