TMI Blog2011 (1) TMI 1281X X X X Extracts X X X X X X X X Extracts X X X X ..... uch a contention before the statutory authorities or before the Tribunal or before this court. We therefore uphold the order of the Tribunal and dismiss this revision case. - OT. Rev. No. 18 of 2009 - - - Dated:- 24-1-2011 - RAMACHANDRAN NAIR C.N. AND BHABANI PRASAD RAY, JJ. For the Appellant : Mohammed Rafeeq, Government Pleader, For the Respondent : S. Anil Kumar (Trivandrum) and K.S. Hariharan Nair The judgment of the court was delivered by C.N. RAMACHANDRAN NAIR J.- This is a revision case filed by the State challenging the order of the Tribunal passed in the case of the respondent-assessee for the assessment year 2006-07. The respondent is running a jewellery shop selling gold and silver ornaments. The respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accordance with the provisions of section 6, pay tax at 200 per cent of the highest tax payable by him as conceded in the return or accounts, either under this Act or under the Kerala General Sales Tax Act, 1963 (15 of 1963), for a period of twelve months during any of the three consecutive years preceding that to which such option relates. What is clear from the above is that tax payable under the compounding scheme under the Kerala Value Added Tax Act is 200 per cent of the highest tax payable by the assessee as conceded in the return or accounts under this Act or under the Kerala General Sales Tax Act . It is pertinent to note that the above section does not provide for reckoning the assessed tax as the basis for payment of tax at c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd any such provision in the section of the statute above stated. In our view, the choice the assessing officer is only to consider the return filed by the assessee as well as accounts. The limited jurisdiction of the officer is to adopt tax payable based on the accounts, if the same is more with reference to the turnover returned and tax as shown payable under the return. In other words, if the assessee does not disclose full turnover and tax payable in the return filed over the turnover and tax payable as reflected in the accounts, then tax payable should be taken from the accounts and not from the return. However, if the tax declared as payable in the return is equal or more than the tax found payable under the accounts, then such amount ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
