1998 (9) TMI 614

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ises two questions for consideration: firstly, whether the Sales Tax Appellate Tribunal was right in holding that the defects as pointed out in the book keeping constitute a ground to justify the rejection of the book version; and secondly, whether the Tribunal was right in sustaining an addition of 5 per cent to the taxable turnover disclosed by the assessee for the year under review. 3.. The ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....cepted the book version of the assessee. 5.. On further appeal, the Tribunal relying on Central Automobiles v. State of Kerala [1975] 35 STC 478 (Ker) and Indo Burma Stationery and Paper Stores v. State of Tamil Nadu [1984] 57 STC 290 (Mad.) held that non-maintenance of the stock register and non-maintenance of the details of the opening and closing stock on taxable and non-taxable goods consti....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....receding years 1984-85, 1985-86 and 1986-87 were accepted by the assessing authority in spite of the non-availability of opening stock and closing stock inventories. (ii) The accounts for the year 1987-88 were also accepted by the Income -tax Department for the purpose of income-tax......... (iii) Moreover, the sales of taxable goods show an increase of Rs. 1,54,791.27 over the previous year....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....fficient in this case to arrive at the total and taxable turnover for the year". 7.. In Raju v. State of Kerala (1993) 2 KLT 781 this Court held that "before reversing a decision of the lower appellate authority, a duty is cast on the Appellate Tribunal to meet the reasonings of the first appellate authority and indicate its own reasons for the conclusion to be reached-It is not sufficient if t....