Kerala Court April 1998 Judgments
Kaniampuram Brothers Vs. State of Kerala
Court: Kerala
Decided on: Apr-01-1998
Reported in: [1998]111STC363(Ker)
Om Prakash, C.J.1. Heard counsel for the parties.2. Revision-petitioner is engaged in the business of manufacture and sale of gold ornaments. The business premises of the revision-petitioner was inspected on May 20, 1988. The relevant assessment year is 1988-89. On inspection, stock variations were noticed. New gold ornaments were found in excess by 3.425 grams. Old gold ornaments were short by 1.600 grams. As per the vouchers recovered by the inspecting team, it was found that the dealer failed to account for 107.300 grams of gold, said to have been given to a goldsmith for melting. It is said that the dealer did not account for the sales of gold ornaments to the tune of Rs. 10,590. Later, these offences came to be compounded on payment of compounding fee.3. On the above defects in the book-keeping of the dealer, the assessing officer concluded as follows :'................I am fully convinced that the assessees have resorted to large scale suppression both in sales and purchases duri...
Tag this Judgment!General Foods (P) Ltd. Vs. State of Kerala
Court: Kerala
Decided on: Apr-01-1998
Reported in: [2003]133STC532(Ker)
Om Prakash, C.J.1. This T.R.C. raises a ticklish but interesting question, whether industrial stearine fatty acid is covered by entry 65 of the First Schedule to the Kerala General Sales Tax Act, 1963 (for short, 'the Act'), which refers to 'all acids'.2. While completing the original assessment, the assessing authority levied tax on the sales of industrial stearine fatty acid at the rate of four per cent treating the item as unclassified. Later, he reopened the assessment and held that the industrial stearine fatty acid falls under entry 65 of the First Schedule of the Act and taxed the same accordingly.3. The contention of the revision-petitioner before the assessing authority was that the industrial stearine fatty acid sold by it, is not in the nature of 'acid' at all and, therefore, that deserves to be taxed as unclassified item at the rate of four per cent. It was submitted by counsel for the revision-petitioner before the assessing authority that the acids arc basically chemical,...
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