K RAJAPPAN ACHARI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is an assessee to sales tax. For the assessment year 1988-89, he furnished a taxable turnover of Rs. 3,03,172. His return was not accepted. THE assessing authority estimated the taxable turnover of Rs. 13,53,850 and levied a tax of Rs. 85,366 along with surcharge of Rs. 5,463. THE assessing authority estimated the turnover at three times the average running stock and also estimated the turnover of stock and for packing materials. THE appeal preferred therefrom was rejected. In the second appeal before the Tribunal the estimation of three times of running stock was challenged. THE Tribunal upheld the estimated turnover at three times the average running stock as per order dated May 27, 1992. Alleging that the order of the Tribunal is vitiated by error apparent on the face of the record, the petitioner filed a Review Application No. 613 of 1992. That application was rejected. Hence this tax revision case.

(2.) ACCORDING to the counsel representing the petitioner though there was inspection which ended in levying a compounding fee of Rs. 5,250, the addition made by the assessing officer is high. ACCORDING to him the variation in the stock found out was meagre amounting to 20. 850 grams. In the stock of new gold ornaments the excess was only 840. 900 grams. On the basis of this it is contended that the authorities below went wrong in estimating the turnover at three times the average running stock.