STATE OF ORISSA Vs. BANITA

JUDGEMENT

(1.) THE question referred to by the Orissa Sales Tax Tribunal under Section 24(1) of the Orissa Sales Tax Act, 1947 (before amendment by Act 8 of 2000) runs thus:

(2.) IN view of the amendment of the Orissa Sales Tax Act, 1947 (hereinafter referred to as, "the Act"), the reference numbered earlier as SJC No. 131 of 1995 has been registered as revision and renumbered as TREV No. 120 of 2001.

(3.) THE facts relevant to the question referred to supra may be stated in short. On the basis of new case report No. 42 dated September 22, 1986 submitted by the Inspector of Sales Tax, Vigilance Wing, Cuttack (hereinafter referred to as "Inspecting Officer") assessment proceedings under Section 12(5) of the Act for three assessment periods, viz., 1984 -85, 1985 -86 and 1986 -87 were initiated against the opposite -party. This revision is concerned with the assessment period 1986 -87 only. The Inspecting Officer visited the business premises of the opposite -party on August 7, 1986. He happened to detect 39 pieces of pure silk sarees (which are the subject -matter of dispute in the present revision) among other articles in the stock of the opposite -party kept for sale. In course of the inspection, the Inspecting Officer recorded a statement of the opposite -party who is alleged to have admitted that there were 39 pieces of pure silk sarees in the stock for sale which he (opposite -party) sells at Rs. 250 per piece. The inspecting officer on the basis of the aforesaid statement of the opposite -party and other materials collected by him during inspection submitted the new case report No. 42 dated September 22, 1986 alleging suppression of regular business transaction of embroidery sarees and pure sarees by the opposite party.