1996 (9) TMI 579

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....ng those principles discussed by us. 2. The petitioner-assessee is a manufacturer of aluminium vessels and is a dealer registered with the Additional Sales Tax Officer, Chengannur. The assessment year is 1986-87. By the assessment order (annexure A) dated February 26, 1990, the Sales Tax Officer decided to make an addition of 10 per cent to the sales and 70 per cent with reference to the purchases. 3. For the assessment year in question, a total turnover of Rs. 12,30,402.06 and corresponding taxable turnover of Rs. 12,21,012.06 is written. This would obviously show that the difference is very little. The accounts were called and verified even then. In addition thereto, it is found that the business place appeared to have been inspected by....

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....icer, Chengannur. The assessment year is 1986-87. By the assessment order (annexure A) dated February 26, 1990, the Sales Tax Officer decided to make an addition of 10 per cent to the sales and 70 per cent with reference to the purchases. 3. For the assessment year in question, a total turnover of Rs. 12,30,402.06 and corresponding taxable turnover of Rs. 12,21,012.06 is written. This would obviously show that the difference is very little. The accounts were called and verified even then. In addition thereto, it is found that the business place appeared to have been inspected by the intelligence squad on October 23, 1986 and SIR appears to have been prepared. 4. With regard to the total turnover and taxable turnover reflected in the retur....

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....uired to observe earlier. 10.. The Sales Tax Officer, in his order (annexure A), has pointed out the statutory provisions of rule 32(1)(i) of the Kerala General Sales Tax Rules requiring every dealer to keep and maintain a daily cash book. 11.. The Sales Tax Officer has considered the order of the Deputy Commissioner reducing the penalty in a ridiculous fashion still to sticking to it to state that even then the Deputy Commissioner has not found out that there is no case of omission. The Sales Tax Officer has not taken into consideration the factual peculiarities that the four industrial units functioned at the same place, which would result in a situation of difficulty for not separately storing the stock of these four concerns. 12.. We....