TMI Blog2010 (2) TMI 1055X X X X Extracts X X X X X X X X Extracts X X X X ..... al should be remitted. Accordingly, the first and second questions are answered only to the extent that the matter is remitted to the Tribunal for consideration. From the assessment order, it is seen that only an oral agreement was arrived at and there was no written agreement with agents for stock transactions as could be seen from Serial Nos.4, 7, 9 and 10 of the assessment order. The above material would also be sufficient for the assessing officer to disallow the exemption. Accordingly, we do not find any merit to interfere with the order of the Tribunal and the Appellate Assistant Commissioner as both the orders including the orders of the Assessing Officer are well supported by sufficient materials and not on the basis of the state ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant, viz., assessee reported a total and taxable turnover of Rs.32,98,557/- and Rs.32,98,557/- respectively, for the year 2000-01. The assessee has also reported a total turnover at Rs.9,44,13,569/- and taxable turnover at Rs.31,289/- for the assessment year 1999-2000. The assessee claimed exemption for sale of refined oil on the ground that it is not an interstate sale and in any case, by virtue of the notification issued under Section 17 of the TNGST Act, the assessee is exempted from payment of tax if the total and taxable turnover is less than Rs.100 crores. The assessing officer did not agree with the claim and proceeded to pass the assessment orders. Those orders were taken on appeal before the Appellate Assistant Commissioner, who, b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me-tax authorities while considering the grievance of the appellant-assessee, held that the assessment cannot be based on the mere statement and accordingly allowed the appeal preferred as against the assessment orders. 6. On the other hand, Mr.Haja Naziruddin, learned Special Government Pleader (Taxes) submitted that insofar as the exemption is concerned, it is a conditional exemption to avail the benefit of exemption in terms of Section 6(2-A) of the CST Act which was in force for the relevant assessment years. The notification relating to the exemption must be general in nature and if the exemption is on certain conditions, the provisions of Section 6(2-A) is not available to the assessee. Insofar as the merit is concerned, he would s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e above notification, an outer monetary limit is fixed at Rs.100 Crores as the total turnover in a year for availing exemption. That outer limit of Rs.100 Crores was increased to Rs.300 Crores with effect from 1.4.1999 by the subsequent following notification:- 446. Exemption in respect of the tax payable on the sale of coconut oil, gingelly oil, groundnut oil, sunflower oil, cotton seed oil, rice-bran oil and all refined oils including refined palm oil, refined cotton seed oil and refined rice-bran oil by any dealer whose turnover on the sale of all these goods does not exceed rupees three hundred crores per year. This notification shall be deemed to have come into force with effect [on and from the 1st April, 1999.] (G.O.Ms.No.9 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ;, 'tax is levied on the sale or purchase of goods at specified stages', or 'otherwise than with reference to the turnover of the goods'. 10. According to the learned counsel, even in the event the transaction is with reference to the turnover of goods, the notification issued under Section 17 of the TNGST Act giving exemption would be available to the assessee dealer. Hence, the appellant is entitled to the benefit. 11. However, it is the contention of the learned Special Government Pleader that the exemption is available only when it is general in nature and not conditional. The condition being a taxable turnover of less than Rs.100 Crores or Rs.300 Crores as the case may be. Hence, the exemption under the notificati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e basis of the statements, without there being any supportive materials. Though the contention of the learned counsel for the appellant is to the effect that those statements had been retracted and on the basis of such retraction, the Income Tax Appeal was allowed, we are not going into the said question. The main grievance of the appellant is that there are no supportive materials for the Revenue to claim that the transaction was an interstate sale. In this context, we may refer to the orders of assessment. In the orders of assessment, it is stated that during inspection, an extract taken from the Savings Bank Account had revealed that one Tvl.L.S.Shanmugasundaram and S.Ravi, who were regular employees of the appellant-assessee had deposit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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