K K GOPALAN AND CO Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) HEARD.

(2.) JUDGMENT passed by learned single Judge in O. P. No. 9196 of 1991 is the subject-matter in this writ appeal. Appellant is an assessee under the Kerala General Sales Tax Act, 1963 (in short "the Act" ). He filed monthly returns in form IX and a consolidated return in form VIII, for the assessment years 1984-85 and 1985-86. For the two years returned taxable turnovers were Rs. 26,99,638. 10 and Rs. 34,96,789. 86. Subsequently when accounts were called for examination by assessing officer, revised returns were filed for the two years, disclosing turnovers of Rs. 42,54,649. 68 and Rs. 60,19,665. 06 respectively. Penalty proceedings under section 45-A of the Act were initiated for filing incorrect returns. In response to the notice, assessee raised a plea that an inexperienced clerk had misplaced the pattials which were traced out only in January, 1987 and thereafter revised returns were filed on May 12, 1989. This explanation was not found to be satisfactory by the assessing officer who levied penalties of Rs. 1,20,000 and Rs. 1,50,000 respectively.

(3.) IN support of the writ appeal it has been submitted by the learned counsel for the assessee that there is factual error in the conclusions of learned single Judge to the extent that contrary to what has been observed, in fact, the turnovers were reflected in the books of account. It is also submitted that the quantum of penalty maintained is high. Learned counsel for the Revenue, on the other hand, submitted that the explanation offered by the assessee was not plausible and even if it is accepted that the records were traced out in January, 1987, there was no reason for filing the revised returns in May, 1989, and that too, after notices were issued for production of accounts.