N SUKUMARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THESE two revisions are filed by the assessee since cross appeals filed by the Revenue and assessee were disposed of by the Appellate Tribunal. Both the revisions are, being disposed of by a common judgment.

(3.) WE have carefully gone through the order of the Appellate Tribunal. The Tribunal emphasised that the day book was not found to have been posted up-to-date when the inspection was made on August 26, 1987 and that for non-production of the day book on October 27, 1987, the explanation given by the petitioner was not convincing. The question for consideration is whether on such discrepancies, the Tribunal was right in restoring the order of the assessing officer making addition to the extent of 5 per cent on the taxable turnover from August 20, 1987 to March 31, 1988. On appeal, the 1st appellate authority reduced the addition from 5 per cent to 3 per cent on taxable turnover. It is settled legal proposition that unless there are good reasons, the Tribunal should not disturb the findings of the appellate authority. No serious error is pointed out by the Tribunal to reverse the decision of the appellate authority. Considering the explanation given by the petitioner and the nature of the discrepancies which are of trivial nature, we are of the considered view that though technically the book version of the-petitioner could be rejected as the day book was not posted up-to-date, can in no case addition at the rate of 5 per cent be sustained. On taxable turnover, we are of the view that 1 per cent addition would be quite reasonable on the facts and in the circumstances of the case.