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1989 Supreme(Ker) 74

PARIPOORNAN, K.A.NAYAR
VIJAYAMOHINI MILLS – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The petitioner herein is a company. It is an assessee under the Central Sales Tax Act. The Revenue is the respondent herein. We are concerned with the assessment year 1975-76. In computing the total taxable turnover, a sum of Rs. 3,71,169.70, representing the amount in respect of stock transfer, was added by the assessing authority to the taxable turnover, on the ground that the assessee failed to produce 'F' Forms. It was confirmed in appeal by the Deputy Commissioner of Sales-Tax (Appeals). In second appeal, at the instance of the assessee, the orders of the authorities below, on the above aspect, were affirmed, by order dated 19-9-1986. The assessee has come up in revision.

2. We heard counsel for the revision-petitioner, Mr. M. Ramachandran, as also counsel for the Revenue, Mr. N. N. Divakaran Pillai. It is common ground that the petitioner-assessee effected a transfer of goods to the U. P. Depot, the total of which during the relevant assessment year amounted to Rs. 3,71,169.70. All the statutory authorities took the view that the transfer to the U. P. Depot was not proved with necessary 'F' Forms. The plea of the assessee was that there was only a stock transfer










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