2023 (10) TMI 668

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....the revision are as follows: 2. The petitioner is running a bar attached hotel at Thrissur. Its business place was inspected by the Intelligence Squad under the Kerala General Sales Tax Act (for short, the KGST Act) on 9/9/2013 and certain documents were seized from the business place. Later, the Intelligence Wing verified the books of accounts and on comparison of the same with the recovered records, resorted to a re-computation of the gross profit received by the petitioner in respect of IMFL and Beer. While the conceded gross profit by the petitioner was 198.99% and 136.95% respectively in respect of IMFL and Beer, the Intelligence Authorities recomputed the gross profit at 206.33% and 148.93% respectively. Based on the said re-comput....

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....rity had computed the gross profit by taking note of the profit relatable to only some of the brands of IMFL that were dealt with by the petitioner and without considering the profit attributable to the other brands of IMFL that were sold by the petitioner. The Tribunal found that the estimation of gross profit by the Intelligence Authority was only marginally higher than the conceded gross profit of the petitioner and therefore there was no necessity to interfere with the orders of the authorities below. The Tribunal therefore proceeded to dismiss the second appeal preferred by the petitioner. 5. Before us, it is the submission of Sri. Harisankar V. Menon, the learned counsel for the revision petitioner that the Tribunal erred in accept....