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2009 (4) TMI 433 - SUPREME COURTWhether imposition of a different tariff in the middle of the assessment year could be given effect to in the absence of a proper machinery for computing the tax liability? Held that:- The court was required to consider the scheme of the entire Act particularly the difference between sections 5 and 7 of the 1963 Act. It may be stated that section 5 which deals with normal assessment refers to tax on the turnover whereas section 7(7) refers to payment of tax on the amount of contract. The court was also required to consider whether section 43 could be invoked by the Department in cases following under the alternate mode of taxation under section 7 of the 1963 Act. In the circumstances, set aside the impugned judgment dated October 4, 2007 and restore Original Petition to the file of the Kerala High Court for de novo consideration in accordance with law and in accordance with the directions given hereinabove.
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