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2014 (9) TMI 743 - MADRAS HIGH COURTBenefit of compounding system of assessment - Tamil Nadu Value Added Tax Act, 2006 - Held that:- Perusal of the order of the respondent shows that nowhere it is stated therein that the petitioner's turnover during the previous years relevant to the year under consideration crossed ₹ 50 lakhs, or for that matter this year. In the above circumstances, in the absence of any provision like the one referred to by the assessing officer on the previous year turnover having inter-State sales turnover too to disentitle the petitioner from claiming compounded rate of tax, I do not find any legal support to the contention of the respondent that the petitioner is not entitled to have the benefit of the compounded rate of tax as under Section 3(4) of the Act. So long as the petitioner has the taxable turnover for the year under consideration at less than ₹ 50 lakhs and so too during the immediate previous year, the taxable turnover of that year remained at less than ₹ 50 lakhs, the mere fact of his earlier years having inter-State purchase, per se, would not go against the claim of the petitioner to have the assessment done under Section 3(4) of the Act. - Matter remanded back - Following decision of Bharani Readymades Vs. State of Tamil Nadu and another [2014 (8) TMI 897 - MADRAS HIGH COURT] - Decided in favour of assessee.
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