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2016 (11) TMI 1261 - RAJASTHAN HIGH COURTInterpretation of Notification dt 12.7.2004 - turnover tax - composition scheme - turnover tax is payable on the basis of annual turnover and not on the basis of quarterly turnover as laid down in sec.13A of the Act - Held that: - a bare perusal of section 13A itself makes it explicitly clear when it mentions "whose total turnover in a year exceeds 3 lac rupees" should mean that it has to be computed on the basis of annual turnover and not on the basis of proportionate or part of the turnover or quarterly. Admittedly, Notification dt 12.7.2004 with regard to the assessment of the turnover tax and the exemption fee in lieu of turnover tax had been rescinded, therefore, assessment of the annual turnover or the exemption fee on any part of the same of the assessee for the assessment year 2004-05, could not be made applicable - The Tax Board, in my considered opinion has correctly interpreted the Notifications and the view which has been taken by the Tax Board appears to be just and proper and is not required to be interpreted differently than what has been expressed by the Tax Board and taking into consideration the aforesaid view of the Tax Board, which I do concur, in my view it being a finding of fact based on evidence, no question of law arises out of the order of Tax Board. I find no perversity or illegality in the order of Tax Board so as to call for interference of this court - petition dismissed - decided against the revenue.
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