G THIYAGARAJAN Vs. DEPUTY COMMERCIAL TAX OFFICER THANJAVUR

JUDGEMENT

(1.) THE assessee is on appeal against the order of the Sales Tax Appellate Tribunal dated 31.8.2000 made in T.A. No,621 of 1998.

(2.) THOUGH almost all the grounds are formulated to be a question of law, the one and only the question argued before this Court is as follows:-

(3.) AS could be seen from the records that in respect of the omission, the assessee accepted the same before the inspecting officer, and did not repudiate the same either before the assessing officer or before any of the authorities including the Tribunal. Hence, the addition made for the purchase omission is confirmed, having regard to the high gross profit shown. Further the assessing officer has added 5% for purchase omission in respect of the gold and 5% for the purchase omission in respect of silver. We find that the addition of 5% cannot be regarded as high considering the nature of business which the assessee carried on. The Tribunal, in respect of the general defects, for which 5% has been added by the assessing officer, and confirmed by the first appellate authority, reduced the same to 2%, in as much as the defects are very slender in nature.