9911796707
TMI Blog2014 (3) TMI 232X X X X Extracts X X X X X X X X Extracts X X X X ..... racting the finding arrived at by the lower authorities and confirmed it without independent application of its mind and without reasonableness ? 2. The petitioner is carrying on business in Zandu balm and other Pharmaceuticals items. For the assessment year 1996-97, the petitioner reported taxable turnover as follows :- Sales of Medicine from 1.4.96 to 16.7.96 - Rs. 64,19,743.78 Sales of Medicine from 17.7.96 to 31.3.97 Rs.2,41,32,802.88 Rs.3,05,52,546.66 Accepting the aforesaid total amount as total and taxable turnover, the Commercial Tax Officer, by order dated 30.9.1997, confirmed the aforesaid amount. Against the said order, an appeal was preferred before the Appellate Assistant Commissioner, who, by order dated 20.7.19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d be no liability of additional Sales Tax on the assessee and it is also his further contention that the order of the assessing authority to the extent not having applied the unamended provision, namely, section 2(1)(a) as it originally stood, wherein first ten lakhs of rupees has to be deducted in the taxable turnover, was liable to be interfered with. 7. In order to appreciate the contentions, we have gone through the order of the Tribunal. As rightly pointed out by the learned counsel for the assessee, the Tribunal has not dealt with the matter in detail and it has failed to discuss the issue as to whether the assessee would be liable to pay additional Sales Tax in the light of amended sections 2(1)(a) and 2(1)(aa). All along, the conte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... subsequent to August, 1996 the liability would have been assessed, if at all the taxable turnover up to the end of the financial year exceeded one hundred crores of rupees and otherwise. Consequently, the rate of tax applied, viz., two per cent. was in consonance with the statutory provision as was prevailing as on July, 1996. Since the taxable turnover did not cross Rs. 100 crores during the financial year, in the case of the respondent-assessee, the liability of additional sales tax will have to be calculated only for the period upto July 1996 and not beyond and that too, on the taxable turnover that was available up to that date, viz., July 31, 1996." 9. Applying the principle laid down in the aforesaid decision to the case on hand, we ..... X X X X Extracts X X X X X X X X Extracts X X X X
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