MINAR CASTINGS PVT. LTD. Vs. STATE OF KERALA

JUDGEMENT

(1.) This Revision Petition has been filed challenging the order of the Kerala Value Added Tax Appellate Tribunal, Palakkad in TA (VAT)No.115/2015 dated 14-12-2015. The revision petitioner is engaged in the manufacture of MS ingots. For the assessment year 2019-2020, the assessment of the revision petitioner under the Value Added Tax was completed in terms of Annexure-A order dated 14.02.2012. We are concerned only with the one of the issues on the basis of which additions were made to the taxable turn over, which is the addition made on the basis of the allegation that there is sales suppression, since the value of the goods sold was less than the cost of the goods, on assessment in the manner set out in Annexure-A. The revision petitioner unsuccessfully challenged this addition before the Deputy Commissioner (Appeals) and the Kerala Value Added Tax Appellate Tribunal.

(2.) We have heard Sri. Harisankar V. Menon, learned counsel for the petitioner and Sri. Mohammed Rafiq, learned Senior Government Pleader (Taxes) on behalf of the respondent.

(3.) The learned counsel for the petitioner would contend inter alia that additions made to the taxable turn over on the ground that the sale price was below the cost incurred by the revision petitioner, cannot be sustained in the absence of any material to show that there has been suppression of sales turn over. It is his case that merely on account of the fact that certain loss was suffered during the year in question, the Department cannot take the stand that such loss is actually suppressed turnover. He also says that the reliance placed by the Tribunal on the decision of the Ernakulam Bench of the Appellate Tribunal in Tamil Nadu News Print and Papers Ltd. v. State of Kerala (2012) 20 KTR 14 (Tr) is misplaced and that the said judgment has been reversed by this Court through the judgment in O.T.Revn. No.9/2012 dated 24.2.2012.