Turnover estimation based on stock variation upheld; remand on purchase tax under TNGST set aside as unnecessary.

Concurrent factual findings on stock variation and suppression-based turnover estimation were upheld because revision interference was not warranted absent any question of law. The Tribunal's restoration of the estimated turnover was sustained on the basis of inspection material and statistical details. However, the remand of purchase tax turnover under section 7A of the TNGST Act was set aside because the assessing authority had already made a detailed determination on the available material, including consumables used in manufacture, and no further remand was necessary. The taxable turnover was therefore modified downward by deleting the equal addition, while the balance based on stock variation remained intact.

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Issues: (i) Whether the Tribunal was justified in restoring the estimated turnover based on the stock variation noticed by the assessing authority. (ii) Whether the Tribunal was justified in remanding the purchase tax turnover under section 7A of the TNGST Act for fresh consideration.

Issue (i): The assessment and appellate records showed that the estimation of turnover was made on the basis of statistical details and inspection materials relating to the business activities of the assessee. The fact-finding authorities had examined the relevant figures and reached a factual conclusion on stock variation and suppression. In revision, interference with such a conclusion was unwarranted in the absence of any question of law.

Conclusion: The restoration of the estimated turnover was upheld.

Issue (ii): The assessing authority had already undertaken a detailed exercise in determining the purchase tax liability under section 7A of the TNGST Act, including the consumables used in manufacture. The remand ordered by the Tribunal was unnecessary because the factual basis for the determination had already been considered, and no further remand was called for at that stage.

Conclusion: The remand order was set aside.

Final Conclusion: The taxable turnover was modified downward after deletion of the equal addition, while the balance determination based on stock variation was maintained. The revision was therefore allowed only to the extent of setting aside the remand and modifying the turnover.

Ratio Decidendi: Concurrent factual findings on turnover estimation and suppression will not be interfered with in revision unless they give rise to a question of law, and a remand is unwarranted where the assessing authority has already made a detailed determination on the material available.

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