TMI Blog1979 (7) TMI 220X X X X Extracts X X X X X X X X Extracts X X X X ..... ision of the order of the Appellate Assistant Commissioner. The assessee returned a total turnover of Rs. 17,308.17 for the assessment year 1971-72. The assessing officer rejected the amount as incorrect and incomplete and determined the total and taxable turnover to the best of his judgment at Rs. 72,090.80 under section 3(1) of the Tamil Nadu General Sales Tax Act. On appeal, the Appellate A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s now challenged in the present appeal. Section 7 of the Tamil Nadu General Sales Tax Act provides for payment of tax at compounded rates. Notwithstanding anything contained in subsection (1) of section 3, every dealer, whose turnover was not less than the minimum turnover assessable but not more than the maximum provided in the section from time to time, may, at his option instead of paying the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntinue in force so long as the dealer is eligible to be assessed under the section and has not withdrawn his option to be so assessed. As far as this case is concerned, the learned counsel for the appellant submitted that the assessee had been given the benefit of section 7 in the prior year and, in view of sub-section (2-A), this benefit would enure for the subsequent year also until the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r form they can be taken to have exercised their power or right of withdrawal of option already exercised. The withdrawal of an option has to be by an overt act and has to be a conscious exercise of the rights available to him. Such conscious exercise of the rights available to the dealer cannot be inferred in this case and, therefore, we are not satisfied that the accident of the returns being fi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
