2010 (6) TMI 740

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....e petitioner ORDER These two revision petitions arise out of the common order dated July 31, 2007 passed in S.T.A.Nos. 2723 of 2004 and 2724 of 2004 and Cross Objection Nos. 318 of 2007 and 319 of 2007 on the file of the Karnataka Appellate Tribunal, Bangalore, for considering the following substantial questions of law: "(i) In the facts and circumstances of the case, whether in the facts....

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.... the Karnataka Appellate Tribunal at Bangalore, assailing the correctness of the orders dated September 16, 2004, passed in KST AP Nos. 474/03-04 and 475 by the JCCT (Appeals), Bangalore City Division , Bangalore, for the assessment years 1997-98 and 1998-99. Both the appeals filed by the respondent had come up for consideration before the Tribunal. The Tribunal after hearing the learned counsel f....

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....er erred in adding Rs. 4 per BL to the sale price at Rs. 65.83. The Tribunal recorded a finding of fact that the estimation made by the assessing officer for both the assessment years 1997-98 and 1998-99 is without any material basis arbitrary and therefore, cannot be upheld and accepted the taxable turnover declared by the respondent at Rs. 28,24,314 for sales of 49,926 BL at Rs. 56.57 per BL. Ac....