9911796707
TMI Blog2014 (9) TMI 32X X X X Extracts X X X X X X X X Extracts X X X X ..... ee is a limited company engaged in the works contract of construction of multi-storied apartments. The business premises of the assessee was inspected. During the course of inspection, the inspecting authorities seized certain documents, thereafter processed and verified. The assessment orders were concluded under Section 12(3) and 18(3) of the Karnataka Sales Tax Act on 18.12.2007 for the assessment year 2000-01 and on 29.12.2007 for the year 2001-02. The assessee has disputed the levy of turnover tax for the assessment years 2000-01 and 2001-02. Therefore, he has preferred appeals to the first appellate authority challenging the said levy. The first appellate authority dismissed the appeals confirming the order of the Assessing Authority. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was set aside, the Tribunal committed a serious error in remitting the matter to the Assessing Authority for re-computation of the tax and that portion of the order also requires to be set aside. 4. Per contra, learned counsel for the revenue submitted that there is a marked distinction between the law prior to 1.4.2002 and subsequent to 1.4.2002. The judgment of this Court in the case of M/s.MFAR Constructions Ltd. only refers to assessment period subsequent to 1.4.2002 which has no application to the earlier orders and therefore, the Tribunal was justified in denying the exemption benefit for the assessment years 2000-01 and 2001-02.5. In the light of the aforesaid facts and the rival contentions, the point that arise for our considerat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch formed part of levy under these provisions and was liable to pay resale tax only on such portion of the total turnover which had not yet suffered tax. Clause (x) of the proviso to Section 6B of the Act exempted resale tax on consideration paid on purchase of goods, i.e., turn-over of goods which were liable to tax on the first point of sale. Therefore, the tax paid by the registered dealer on the turnover which was the subject-matter of tax under section 5B of the Act and tax paid by the registered dealer which was the subject-matter of clause (x) of the proviso to section 6B were to be excluded from the purview of Section 6B of the Act. This was clear from the budget speech of the Finance Minister. There was no intention to levy double ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es, if, the total turnover in the year immediately preceding that year was not more than one thousand lakh rupees. Provided further that no tax under this sub-section shall be payable on that part of such turnover which relates to, -xxxxxx (xiv) the total amount paid or payable by the dealer as a consideration for the purchase of any of the goods in respect of which tax is leviable at the point of sale; 8. The word used in clause-(x) and the aforesaid clause(xiv) are identical. After amendment, it is called as resale tax. Earlier it was called as turnover tax. Both are leviable unless the goods falls under the proviso. If the goods falls under the proviso, the benefit of exemption was granted. Therefore, the Tribunal wa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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