2018 (8) TMI 348

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....der passed by the Karnataka Appellate Tribunal, Bengaluru, dated 28.7.2014 in STA Nos. 1160-1171/2011 (M/s. Shanthakoti Enterprises vs State of Karnataka), whereby the learned Tribunal upheld the estimate of suppressed turnover by the authorities below adopting the basis of information supplied by the Mining Department under Rules 42 and 43 of the Karnataka Minor Mineral Concession Rules, 1994 (hereinafter for short referred to as 'the Rules"), upon a survey of the business place of the petitioner on 20.10.2005, where it was found that the assessee was not filing his monthly returns regularly and again during inspection on 25.4.2007 it was observed that there were differences in the measurements of the sales invoices and that given in the P....

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....CTO while entertaining the rectification application, in the proposition notice has furnished month wise details of measurements in permit, measurements in corresponding sales invoices, difference in cu. Mts. And value thereof. Standard deduction in cubic meters is also allowed. Hence, we find that the estimation of suppressed turnover is fair and justifiable. Hence, we answer Point No.1 in the affirmative." 3. Learned counsel for the petitioner-assessee, Mr. Thirumalesh submitted that the first Appellate Authority has referred to a communication dated 8.10.2009 and extracted the Table of removal of granite in the case of assessee and on the basis of the said communication issued by the Mysore Minerals Limited (Government of Karnataka U....

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....he KVAT Act are findings of fact in the realm of best judgment assessment by the authorities and unless there is a perversity in the same, no question of law arises requiring consideration by this Court under Section 65 of the KVAT Act. 7. Secondly, the contention raised by the learned counsel that the information or the documents maintain ed under Rules 42 and 43 of the Rules could not have been relied upon by the assessing authority under the provisions of the KVAT Act is misconceived. As a matter of fact, the actual removal of goods, minerals (granite in present case), the information and documents maintained by the Mining Department is indeed the best evidence which could be relied upon by the assessing authorities under the provisions....