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1984 Supreme(AP) 443

A.RAGHUVIR, Y.V.ANJANEYULU
Konatham Bhaskar Rao – Appellant
Versus
State Of A. P. – Respondent


Y. U. ANJANEYULU, J.

( 1 ) LEARNED counsel the assessee, Sri S. Dasaratharama Reddi, has made certain far-reaching propositions in this case and they require to be examined carefully. According to him, an assessee, who declared turnovers in the monthly returns, which were admittedly far less than the turnover recorded in the books of account maintained by him, cannot be penalised under section 14 (2) of the Andhra Pradesh General Sales Tax Act (the "act" for short) for concealing the real turnover in the monthly returns filed by him if eventually the final assessment is made on the turnover as recorded in his books of account.

( 2 ) IN connection with the financial year 1973-74, the assessee filed monthly returns under rule 13 read with rule 17 (2) of the Andhra Pradesh General Sales Tax Rules, 1957 (the "rules" for short ). Rule 17 (2) requires a dealer to submit every month a return in form A-II showing the total and net turnover relating to each month. Such return has to be filed before the 25th of the succeeding month to which the return relates. The assessee in this case filed such returns for the months of April and May, 1973. In the return for the month of April, 1973, the t











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