TMI Blog2011 (12) TMI 479X X X X Extracts X X X X X X X X Extracts X X X X ..... ons under section 22(1) of the Act. The order of the Tribunal does not suffer from any error of law. One cannot ignore the fact that the Sixth Schedule was substituted with effect from April 1, 1995 by reason of A. P. Act No. 22 of 1995. Therefore, unless and until the opening stock on which the tax was paid at the first point of sale is available and the closing stock is entered correctly, it is not possible to allow the rebate under the second proviso to the Sixth Schedule. In so far as adding of the impugned turnover of ₹ 5,57,623 it was found that even according to the dealer, the disclosed sales stood at ₹ 67,56,133 as against the assessed turnover of ₹ 61,98,510. Hence, when the revisional authority added back the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r failed to discharge the burden of proof of under section 7A of the Act. Aggrieved by the said order of the Tribunal, Tax Revision Case No. 91 of 2011 is filed. The other tax revision case is filed against T.A. No. 872 of 2004 which relates to the assessment year 1998-99 with similar factual background. The counsel for the petitioner would submit that plywood is exigible to sales tax at every point of sale as per the Sixth Schedule and therefore, the tax has to be determined in accordance with section 5(3) read with second proviso to Explanation II to the Act. He would challenge the adverse find ing of the revisional authority against the petitioner that they have failed to disclose the closing stock and the opening stock as perverse. S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n each year irrespective of the quantum of his turnover at the rate of tax and at the points of levy specified in this Schedules. (2) For the purpose of this section and the other provisions of this Act, the turnover which a dealer shall be liable to pay tax shall be determined after making such deductions from his total turnover, and in such manner as may be prescribed. (3) The taxes under this section shall be assessed, levied and collected in such manner, as may be prescribed: Provided that (i) in respect of the same transaction, the buyer or the seller but not both, as determined by such rules as may be prescribed, shall be taxed; (ii) where a dealer has been taxed in respect of the purchase of any goods, in accordance w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 15 paise in the rupee 12 -do15 -do- 01.04.1995 01.01.2000 15.11.2000 First proviso omitted. Provided further in respect of goods other than liquor mentioned in this Schedule, tax to be paid at any point of sale other than first point of sale, shall be determined after deducting the tax levied on the turnover of such goods at the immediately preceding point of sale by a registered dealer from the tax leviable on the turnover of the same goods at the point of sale by selling dealer. Explanation I. Omitted. EXPLANATION II. Provided also that the turnover of a retail dealer in respect of commodities other than liquor for the relevant assessment year shall be exempt from payment of tax in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8), the turnover of a dealer for the purposes of these Rules shall be the total amount received by the dealer as the consideration for the sale of the goods. (2) omitted (3) In the case of goods liable to tax under section 6A, the amount paid by the dealer for the purchase of such goods shall be the turnover of the dealer in such goods. (4) to (8) omitted. On a plain reading of the above provisions, what emerges is as follows. As per the charging section, every dealer shall pay tax on his turnover of sales and purchases of goods at the rates and at the points of levy specified in the Schedules. As per section 5(3) while determining the tax, deductions shall be allowed from the total turnover of the dealer in the manner prescrib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... purchases and sales bills. It was to the tune of ₹ 5,66,166. The Revisional Deputy Commissioner, however, on verification found that allowing rebate on the entire local purchase of plywood without considering the opening and closing stock is not permissible. Therefore, a show-cause notice was issued. In response thereto, the petitioner submitted explanation. Insofar as the rebate is concerned, the dealer relied on the circular issued by the Commissioner for Commercial Taxes, dated November 4, 1994 in support of the contention that whatever the tax was paid at the preceding point must be given rebate, irrespective of the fact that whether the purchase dealer paid excess tax at the preceding point of the sale. This did not find favour w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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