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Judgment
V.K. Singhal, J.-The order of the Karnataka Appellate Tribunal dated 20-2-1995 has been assailed in this revision petition, in respect of the assessment year 1989-90. The assessment was framed on best judgment basis after considering the Intelligence Report. The Revising Authority found that the order of the Assessing Authority is illegal, improper and prejudicial to the interest of revenue. The notices were issued on the basis that the Inspection was done on 12-9-1989. The Revision Authority has multiplied the suppressed amount of Rs. 71,500/-. It was found in the assessment order that the stock found itself was to the extent of Rs. 65,003-65 p. and on that basis sales suppression estimated to Rs. 71,503-65 p. was not proper. The offence was compounded by the petitioner at the spot. The Revising Authority in these circumstances found that the turnover should have been multiplied 12 times. The Tribunal found that suppression subsequent to the date of inspection cannot be considered. The Tribunal has estimated suppress turnover for 8 months instead of 12 months and determined it at Rs. 5,68,000/-. These could have been a best judgment assessment in the light of the judgment given by the Apex Court in Commissioner of Sales Tax, Madhya Pradesh v H.M. Esufali H.M. Abdulali, (1973)32 STC 77 (SC). This assessment was made by enhancing the stock value 8 times, the basis is taken as suppression for 8 months. The assessment year started in this case on 1st of April and therefore, the suppression could have been estimated upto September 1989, i.e., for 6 months. Taking the basis of 8 times for 8 months, we consider that it should be for 6 months, and there the amount should be reduced to 6 times of the suppressed sale, i.e., to Rs. 4,26,000/-. The order of the Tribunal is modified only to that extent.
Sales tax revision petition is disposed of accordingly.