PRASAD JEWELLERY Vs. STATE OF ORISSA

JUDGEMENT

(1.) While admitting this revision petition by an order dtd. 31/8/2009, the following question of law was framed:

(2.) The present petition arises from an order dtd. 14/9/2007, passed by the Orissa Sales Tax Tribunal (Tribunal) in S.A. No.812 of 2002-03. The said appeal was by the State of Orissa against an order dtd. 26/6/2002 of the Assistant Commissioner of Sales Tax (ACST), Sundargarh Range, Rourkela, whereby the original order of assessment dtd. 5/8/1996, passed by the Sales Tax Officer (STO), Rourkela-I Circle, was modified to delete the enhancement of the taxable turnover by Rs.17.00.00Lakhs on the ground of alleged shortage of gold ornaments and alleged suppression of purchase of gems. It appears that the initial assessment was under Sec. 12(4) of the Orissa Sales Tax Act, 1947 (OST Act) during which there were two reports considered by the STO. A third report led to re-assessment under Sec. 12 (8) of the OST Act and this was challenged before the ACST by the Assessee.

(3.) In the order dtd. 26/6/2002, the ACST inter alia, observed as under: