TMI Blog2011 (2) TMI 1326X X X X Extracts X X X X X X X X Extracts X X X X ..... 1) for the assessment year 2002-03 was made only on account of the exercise of option during the said year. Therefore, the permission granted for the year 2002-03 would not help the petitioner to rectify the assessment order passed for the year 2001-02. Therefore, I am of the view that the first respondent has rightly rejected the application submitted by the petitioner for rectification. I do not find any error or illegality in the said order warranting interference by this court, by exercising the power of judicial review. W.P. dismissed. - W.P. (MD) No. 11911 of 2008, M.P. (MD) No. 1 of 2008 - - - Dated:- 10-2-2011 - SASIDHARAN K.K. J. P. Radhakrishnan for the petitioner S.C. Herold Singh, Government Advocate, for the respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... GST Act was justified. While the matters stood thus, the second respondent passed the order of assessment for the year 2002-03. While passing the order of assessment, the second respondent has accepted the payment of tax at compounded rates under section 7C of the TNGST Act on the very same sub-contract relating to Vedarniyam Combined Water Supply Scheme. Therefore, the petitioner was satisfied that the authority has accepted the eligibility of the petitioner to pay tax at compounded rates under section 7C of the TNGST Act. This made him to file an application under section 55 of the TNGST Act for rectification. The Appellate Deputy Commissioner considered the rectification petition. It was found that the petitioner had filed the mont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The dispute relates to the interpretation and application of section 7C(2) of the TNGST Act. The said provision reads thus: 7C. (2) Any dealer who executes (works contract) may apply to the assessing authority along with the first monthly return for the financial year, his option to pay the tax under sub-section (1) and shall pay the tax during the year in monthly instalments and for this purpose, he shall furnish such return within such period and in such manner as may be prescribed: Provided that the option under this sub-section for the financial years commencing on the 1st day of April, 1993 and the 1st day of April, 1994, shall be exercised on or before the 30th day of June, 1994: Provided further that the option under this s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thly return. Accordingly, the petitioner was permitted to pay tax under section 7C of the TNGST Act. The petitioner now seeks rectification of the order for the year 2001-02 solely on account of the subsequent payment under section 7C of the TNGST Act for the year 2002-03. It is true that the contract, which originally commenced from the year 2001-02, continued for the year 2002-03. It is also true that section 7C(3) provides that where a dealer has exercised his option under sub-section (1) of section 7C in respect of each works contract, such option shall be final till the completion of such works contract. However, the said provision has to be read, in the light of section 7C(2) of the TNGST Act. The said provision clearly gives an in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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