JAIHIND Vs. STATE OF KERALA

JUDGEMENT

(1.) THESE are connected cases. The petitioner in this batch of five revisions is the same assessee. The respondent is the Revenue. The revision petitioner is an assessee under the Kerala General Sales Tax Aet, 1963. He is a leading jewellery at Broadway, Ernakulam. We are concerned with the assessment years 1980-81,1982-83,1983-84,1985-86 and 1987-88. For all the five years, the accounts and returns of the dealer were rejected and best judgment assessments were made. In first appeals, the assessments for the years 1980-81,1982-83 and 1985-86 were confirmed and slight modifications were made in the assessments for the years 1983-84 and 1987-88. In second appeals filed by the assessee, the Sales Tax Appellate Tribunal, Additional Bench, Ernakulam, disposed of the mailer for all the five years by a common order dated October 29, 1992. The appeals were partly allowed. In brief, there was reduction in the quantum of the estimates for all the years. The assessee has come up in revisions, assailing the common order passed by the Appellate Tribunal dated october 29,1992.

(2.) WE heard counsel.

(3.) ON a perusal of the appellate order as a whole, we are satisfied that the Appellate Tribunal evaluated the facts in a proper perspective and has limited the addition to two limes the running stock for valid and proper reasons. As a final fael finding authority, it is open to the appellate Tribunal to fix the quantum of estimate to be made according to the faels and circumstances appearing in each case. There has been individual and separate consideration of the facts for each year by the Appellate Tribunal and after such appreciation, the estimate has been reduced to two times the average running stock. The said finding of the Appellate Tribunal is largely a finding of fact. There is no error of law in the order of the Appellate Tribunal on this score also. We decline to interfere with the quantum of estimates sustained by the Appellate Tribunal.