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M/s. Spectrum Decors (Chennai) Private Ltd Versus The Assistant Commissioner (CT)

2015 (4) TMI 1001 - MADRAS HIGH COURT

Disallowance of the benefit of payment of tax at compounded rates under Section 6(1) of the Tamil Nadu Value Added Tax, 2006 - petitioner had effected inter-state purchases - Held that:- When respondent has accepted the contention of the petitioner that all the purchases were effected locally, still proceeded to levy tax on a new reasoning that the petitioner has not filed any documentary evidence for having exercised the option to pay tax at compounded rates, which was not there in the show cau .....

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Pleader (Taxes) who took notice for the respondent. 3.1 The case of the petitioner is that a pre-assessment notice dated 10.10.2014 was issued to the petitioner proposing to disallow the benefit of payment of tax at compounded rates under Section 6(1) of the Tamil Nadu Value Added Tax, 2006 (hereinafter referred to as "the TNVAT Act"] on the ground that the petitioner had effected inter-state purchases during the assessment year 2009-2010. 3.2 For the sake of convenience, Section 6(1) .....

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act: Two percent of the total contract value of the civil works executed; (ii) Civil maintenance; Two per cent of the total contract: value of the maintenance works executed (iii)All other works contract: Four per cent of the total contract contracts value of the works executed. (2) Any dealer, who executes works contract, may apply to the assessing authority along with the first monthly return for the financial year or in the first monthly return after the commencement of the works contract, hi .....

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, which is extracted supra. 3.4 It is the grievance of the petitioner that without giving any reply, the respondent has issued another notice on 03.02.2015 stating that on verification of the Balance Sheet of the petitioner, it is evident that the payment of customs duty for the year 2006-2007 and therefore, not entitled to the benefit of payment of tax at compounded rates. The respondent has also sought for the details of sources of purchases to the tune of nearly ₹ 2 crores reflected in .....

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rks contract and that under Section 6(1) of the TNVAT Act, every dealer engaged in the execution of works contract may at his option instead of paying tax under Section 5 of the TNVAT act, pay tax at compounded rates. The learned counsel for the petitioner submitted that when the dealer intended to pay tax at compounded rates in terms of Section 6(2) of the TANVAT Act, he may apply to the assessing authority along with the first monthly return of the financial year or in the first monthly return .....

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pect of the assessment year 2006-2007, the petitioner had opted to pay tax at compounded rates under Section 6(1) of the TANVAT Act by filing the monthly returns in Form L. Unfortunately, inspite of their objections dated 03.11.2014, the respondent has confirmed the proposal to deny the benefit of tax at compounded rates to the petitioner. He would further submit that the respondent though accepted the contention of the petitioner that all the purchases were effected locally, still proceeded to .....

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