STATE OF ODISHA Vs. SUVADRA ENTERPRISES

JUDGEMENT

(1.) The petitioner has filed these revisions under section 24(1) of the Odisha Sales Tax Act, 1947 (hereinafter for short 'the Act') challenging the order dated 20.4.2009 passed Orissa Sales Tax Tribunal (DIVISION BENCH-II), Cuttack in S.A. Nos. 71 to 74 of 2002-2003 preferred by the opposite party for the assessment period from 1995-96 to 1998-99. Since four revisions are filed out of single order, they are being disposed of by this common order.

(2.) The unsworn details of the case of the petitioner are as follows:-

(3.) Against the above order, the opposite party preferred First Appeal before the learned Asst. Commissioner of Sales Tax, Balasore Range, Balasore in F.A. Case No. AA 85 to 88/BD 2001-02 who vide order dated 21.3.2002 (Annexure-8) observed that the assessment of the year 1995-96 to 1998-99 has already been completed under section 12(4) of the Act. According to him, there was suppression of the sale of taxable goods of Rs. 19,45,020.14 paise, Rs.6,60,600.96 paise, Rs.11,20,283.15 paise and Rs.8,65,360.31 paise in the years 1995-96, 1996-97, 1997-98 and 1998-99 respectively. Although the argument was advanced by the opposite party before the First Appellate Authority that the adding of 10% profit and wrong estimate of the sale by the learned Assessing Authority is bad in law, dispelling the argument of the opposite party learned First Appellate Authority confirmed the order of the learned Assessing Authority by observing that the assessment was made on the basis of the stock position reported by the appellant to the Income Tax Department, the inventory of the physical stock was made on 30.6.2001.