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2010 (7) TMI 933 - HC - VAT and Sales TaxHow to apply section 2(1)(a) of the Tamil Nadu Additional Sales Tax Act, 1970, which existed prior to Act 31 of 1996, since by Act 31 of 1996, the previous section 2(1)(a) came to be amended and after the amendment, section 2(1)(a) and 2(1)(aa) came to be introduced? Held that:- Since the taxable turnover did not cross ₹ 100 crores during the said financial year, in the case of the assessee, the liability of additional sales tax will have to be calculated only for the period up to July 31, 1996 and not beyond and that too, on the taxable turnover that was available up to that date, viz., July 31, 1996. Having regard to the said position, the impugned order of the Tribunal as well as that of the assessing authority are liable to be set aside. While setting aside the order of the assessing authority, we direct the assessing authority to pass fresh orders by keeping the taxable turnover of the assessee up to July 31, 1996 in a sum of ₹ 31,94,415 and calculate the tax at the rate of 1.5 per cent on the sum of ₹ 21,94,415, (i.e.), after deducting the first ten lakhs as provided under the proviso to sub-clause (i) of section 2(1)(a).
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