Velimparambil Hardwares vs State of Kerala

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1993 Supreme(Ker) 236

Velimparambil Hardwares – Appellant
Versus
State of Kerala – Respondent

Judgment :-

K.S. PARIPOORNAN, J.

The petitioner herein, a proprietary concern, is an assessee under the Kerala General Sales Tax Act, 1963. The assessee is engaged in the business of sale of paints, hardwares, etc., at Ettumanoor. We are concerned with the assessment year 1987-88. It is stated that the business was started only in January, 1988 and so, the assessment covered only for a period of three months. The assessee filed the return in form No. 8 for the year and declared a total turnover of Rs. 4, 74, 985 and the taxable turnover as "nil". The turnover disclosed as per the accounts and the returns was found not acceptable by the assessing authority. Various defects were pointed out in the pre-assessment notice served on the assessee dated December 23, 1988. Amongst others, the assessing authority stated that the business place was inspected by the Sales Tax Inspector on January 30, 1988 and the inspection revealed variation in the stock in different items. There was also another inspection of the business place of the assessee by the Intelligence Squad on March 11, 1988. The physical verification of few items was ascertained and recorded in the S.I.R. prepared. The stock reco

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