TMI Blog2017 (12) TMI 885X X X X Extracts X X X X X X X X Extracts X X X X ..... Act. Thus, the respondent was justified in examining his power under Section 55 of the TNGST Act. Computation of taxable turnover - Held that: - the respondent has rightly held that the turnover has to be fixed for the whole of the year and the year means the financial year as defined under Section 2(t) of the TNGST Act. Petition dismissed - decided against petitioner. - W.P.No.13887 of 2009 and M.P.Nos.1 & 2 of 2009 - - - Dated:- 6-12-2017 - T. S. Sivagnanam, J. For the Petitioner : Mr.N.Inbarajan For the Respondents : Mr.K.Venkatesh ORDER Heard Mr.N.Inbarajan, learned counsel appearing for the petitioner and Mr.K.Venkatesh, learned Government Advocate appearing for the respondent. 2. The petitioner has file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lected at 2% and has to be worked out upto 02.01.2006. Therefore, the respondent afforded an opportunity to the petitioner to file their objections. The petitioner filed their objections stating that the total turnover should be taken into account for the said period during which no additional sales tax is leviable and such a matter cannot be a subject matter of rectification under Section 55 of the TNGST Act. The objections were considered by the respondent and were rejected by the impugned order. 4. Two issues arise for consideration in the instant case are whether the subject issue is an error, which could be rectified by the assessing officer invoking Section 55 of the TNGST Act and as to how the taxable turnover has to be computed. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 2015-5-L.W.235, has held that under the Tamil Nadu Additional Sales Tax Act, 1970, (hereinafter referred as the TNAST Act ) taxable turnover has not been defined and the operation of the said TNAST Act, depends upon the working of the TNGST Act and the expression 'taxable turnover' appearing in the TNAST Act would also have to be understood only in the same sense in which it is used in the TNGST Act, both in view of the fact that the TNAST Act does not define taxable turnover and also in view of the fact that the provisions of the TNGST Act (including the definition part) are made applicable to the TNAST Act by virtue of Section 2(1)(b) of the TNAST Act. Thus, the respondent has rightly held that the taxable turnover should be the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
