2021 (12) TMI 408

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....T: SR.GOVT.PLEADER SRI.SHAMSUDHEEN V.K. ORDER Bechu Kurian Thomas, J. These two appeals arise from the order dated 03.11.2017 in TA.No.9/2014 and TA.No.2/2015 of the Sales Tax Appellate Tribunal, Trivandrum. The appeals relate to the assessment years 2010-11 and 2011- 12 respectively. In both the assessment years, the issue involved are almost identical. The assessee is also the same and ....

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....ective orders for the above two assessment years as mentioned earlier. After considering the contentions raised, both the appeals were dismissed by separate orders passed on the same day. Thus, for the year 2010-11, gross profit has been calculated at 70% while for the year 2011-12, gross profit was fixed at 65%. 6. We have heard Adv.T.M.Abdul Latheef on behalf of the revision petitioner and Ad....

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....he assessee does not deserve any leniency. 9. We find from Annexure B produced in STR.No.03/2018 that for the year 2005-06, the Tribunal had directed adoption of gross profit @45% against the very same assessee. Of course, the facts for the said assessment year were different since the assessee had maintained books of account though the same were not proper and correct. On a consideration of th....

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....he best judgment assessment, we are of the opinion that 70% or even 65% was excessive for the said two years. We are of the considered view that 55% of the gross profit would be a justifiable addition in these two revision petitions. In the aforesaid circumstances, we allow these two revision petitions and direct the sales turn over of liquor to be estimated for the assessment years 2010-11 and....