2019 (11) TMI 418 - HC - VAT and Sales Tax

Court affirms turnover additions, penalties in tax case, remands penalty re-evaluation.

M/s Malu Marble and Granites Versus State of Karnataka by

M/s Malu Marble and Granites Versus State of Karnataka by - TMI Issues:1. Treatment of suppressed sales and addition of equal value.2. Treatment of stock difference as suppressed turnover.3. Correctness of penalty levied under Section 72(2).4. Upholding of additions to turnover and penalty by JCCT Appeal.5. Dismissal of appeal by Karnataka Appellate Tribunal.Issue 1: The petitioner challenged the treatment of suppressed sales amounting to Rs. 43,80,076 and the addition of equal value by the DCCT (Audit)-2 DVO, Kalaburagi. The court noted that the Assessee admitted the suppression of turnover during inspections, and the Enforcement Authority found incriminating evidence of unaccounted sales. The Prescribed Authority acted within its powers under Section 39(1) of the Act to assess the additional tax payable based on available information. The court upheld the treatment of suppressed sales and the addition made by the authorities.Issue 2: The Assessee contested the treatment of stock difference as suppressed turnover by the DCCT (Audit) 2 DVO, Kalaburagi. The court observed that the Enforcement Authority detected discrepancies in the closing stock, indicating improper accounting practices. The Prescribed Authority's power to assess the correct tax liability through best judgment was justified based on the unaccounted turnover and stock discrepancies. The court upheld the addition of stock difference to the turnover as deemed fit by the authorities.Issue 3: The legality of the penalty levied under Section 72(2) was questioned by the Assessee. The court acknowledged that the Assessee disclosed the unaccounted turnover detected during inspections in the returns filed. Considering this, the court directed the Assessing Authority to re-evaluate the penalty amount under Section 72(2) based on the submitted returns. The court remanded this specific issue to the Prescribed Authority for reconsideration.Issue 4: The Assessee appealed the JCCT Appeal's decision upholding the additions to turnover and penalty. The court reviewed the facts and circumstances, affirming the Prescribed Authority's actions in enhancing the turnover and imposing penalties based on the detected discrepancies and unaccounted sales. Except for the penalty aspect under Section 72(2), the court upheld the decisions of the authorities.Issue 5: The Assessee challenged the dismissal of the appeal by the Karnataka Appellate Tribunal. The court examined the grounds raised by the Assessee and found that the Tribunal's decision was justified based on the evidence and legal provisions. The court upheld the Tribunal's order, except on the specific issue of penalty re-evaluation under Section 72(2), which was remanded for further consideration by the Prescribed Authority.