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2012 (7) TMI 1078 - HC - Indian LawsTurnover Tax - determination of compounded rate of tax - comparable parameters - Section 7 of the KGST Act - HELD THAT:- the tax paid would necessarily include the tax assessed and the payment of tax at compound rate in Section 7 applicable to the case of the assessee would definitely enable the Assessing officer to arrive the highest turnover tax payable for any of the previous three consecutive years; taking into account the assessed tax, as modified in appeal, revision or other proceedings. The question raised by the assessee in STRs 59 & 61 of 2012, has to be answered in favour of the Revenue and against the assessee. However, since the assessment of the earlier year 2008-09 is remanded, the determination of the highest turnover tax for the purpose of granting facility of payment of tax at compound rates would also depend on such assessment proceedings directed to be de-novo completed. In the above circumstance, we answer the question of law in favour of the Revenue and against the assessee, but all the same remand the assessment to the Assessing Officer for de novo consideration in accordance with law. The Sales Tax Revisions are ordered as above.
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