9911796707
TMI Blog1976 (2) TMI 177X X X X Extracts X X X X X X X X Extracts X X X X ..... probable omissions. This notice was issued on 14th July, 1972. In the reply of the assessee dated 27th July, 1972, to this preassessment notice, the assessee contended that his business was dull during the year and that, therefore, the turnover was not high. He, accordingly, prayed that no addition should be made. He also stated that, since his turnover is less than rupees one lakh, he may be assessed under section 7 of the Sales Tax Act for the assessment year 1972-73. The Tribunal has now given a finding that the reference to the assessment year 1972-73, in the reply to the preassessment notice, is a mistake for 1971-72. Though we are not quite convinced as to whether it is a mistake, since the Tribunal, as a finding of fact, has decided ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... after referred to as the Rules, and had, in fact, submitted the monthly returns in form A-2. Therefore, the assessee is not entitled to the assessment under rule 15(4-B), which was relied upon by the assessee. The learned counsel for the assessee, on the other hand, contended that since he had exercised an option to be assessed under section 7, before the actual assessment order was made in respect of 1971-72, he is entitled to be assessed under that section, in view of rule 15(4-B), irrespective of the fact that he had submitted his returns under rule 18 in form A-2 and had not submitted any annual return under rule 15(2) or (3). The rules contemplated two distinct methods of assessment; one is prescribed under rule 15 and the other is p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e dealer to submit for every month on or before the 25th of the succeeding month a return in form A-2 showing the total and taxable turnovers for the preceding month and the amount or amounts actually collected by him by way of tax or taxes during the month. Along with the return he must submit a treasury receipt for remittance of the tax collected or enclose a crossed cheque for the full amount of tax or taxes collected during the month or payable under sections 3, 4 and 5 of the Act. These monthly returns in form A-2 are provisionally accepted and, at the end of the year, if on check of accounts, the assessing officer is satisfied that the returns are correct, he makes a final order of assessment on the basis of the monthly returns submit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e case may be) showing the actual total and taxable turnover for that year on or before the 1st day of May of the succeeding year and thereafter on or before the 1st day of May immediately following each year. (3) Every dealer who discontinues his business during the course of a year in which he has been provisionally assessed under rule 10 or 11 shall submit to the assessing authority concerned a return in form A-1 (or form AA-1 as the case may be) for the period up to and inclusive of the date of discontinuance of business in the manner prescribed in this rule, within thirty days from the date of such discontinuance. (4-A) If a dealer who is eligible to pay tax at the compounded rate laid down in section 7 is desirous of being assessed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r section 7. If the dealer desires that this method of assessment should be applied to him from the beginning of any year, he shall intimate his desire to the assessing authority at the time of submitting the return prescribed in rule 9 or sub-rule (2) of rule 15 or thereafter before the 1st May in any year. On being so permitted the dealer shall submit returns and pay tax in accordance with the following sub-rules. The tax, if any, paid under rules 10 to 13 and 15 for that year shall be adjusted towards the tax assessed under this rule." It may be seen from rule 15(4-A) that at the beginning of the year before the first of May or at the time of filing a return in form A-1, the dealer may opt to be assessed for the current year under sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re the final assessment for the year in sub-rule (4-B) of rule 15 is with reference to the assessee who had opted to be assessed under rule 18. We are unable to agree with this contention of the learned counsel. We are of the view that even a dealer, who had submitted a return originally in form A-1, could opt to be assessed before the actual order of assessment under sub-rule (4-B) of rule 15, if he satisfies the other conditions referred to in section 7. This shall be so, as under rule 18, a person could opt to the method of assessment under that provision if he had not opted to pay tax under section 7. By submitting the returns in form A-2 and acceptance of that return by the assessing officer, the assessee shall be deemed to have waived ..... X X X X Extracts X X X X X X X X Extracts X X X X
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