SANKAR AND COMPANY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS is an appeal against the judgment of the Board of Revenue dated 6th May, 1975, under section 37 of the Tamil Nadu General Sales Tax Act. The assessee was a dealer in oil-seeds, oil and oilcake at Tiruchy. It reported a total and taxable turnover of Rs. 7.16 lakhs and Rs. 3.82 lakhs respectively for 1971-72. The Deputy Commercial Tax Officer, Woraiyur Division, found certain defects in the accounts and determined the taxable turnover at Rs. 4, 94, 349.00, as against the turnover reported by the assessee. The assessee appealed to the Appellate Assistant Commissioner contending that the estimate was not proper. The Appellate Assistant Commissioner found that though some of the criticisms against the accounts were not material or correct, still there were same others which called for an estimate of the assessee's turnover. He sustained an addition of 2 per cent made by the assessing officer towards low yield and low gross profit and refixed the taxable turnover at Rs. 3, 90, 583.00 as against Rs. 4, 94, 349.00 determined by the assessing authority.

(2.) THE order of the Appellate Assistant Commissioner was examined by the Board of Revenue and the Board considered that the accounts were defective and that the addition sustained by the Appellate Assistant Commissioner was not proper or adequate. THEreafter, the Board of Revenue went into the question of the correct turnover to be determined and, in the light of all the facts, it modified the taxable turnover to Rs. 4, 93, 399.00. It is this order of the Board that is now challenged in the present appeal.