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2015 (6) TMI 227 - MADRAS HIGH COURT

2015 (6) TMI 227 - MADRAS HIGH COURT - TMI - Levy of tax on purchase value - Held that:- Sales had been done by the petitioner to the tune of ₹ 47,05,257/-. In view of Section 3(4)(a)(ii) extracted supra, the respondent has no jurisdiction to assess the tax based on the purchase value. According to the petitioner, the respondent had taken the purchase value as yardstick without considering the provisions of the Act. The statute speaks about the Sales Tax turnover alone for the purpose of l .....

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ed this writ petition seeking for the relief of issuance of a writ of ceriorari to call for the records of the respondent in TIN/33790885461/2012-13, quash the impugned proceedings dated 12.02.2015 as ultra vires of the provisions of the Tamilnadu Value Added Tax Act, 2006 2. For the sake of convenience, section 3(4) of the Tamil Nadu Value Added Tax Act, 2006 is extracted below:- "(4) (a) Notwithstanding anything contained in sub-section (2), but subject to the provisions of sub-section (1 .....

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e date of commencement of the business; (ii) Whose turnover is below rupees fifty lakhs during the previous year, on or before 30th day of April of the year for which he exercises such options; (iii) For the year 2008-09, within thirty days from the date of commencement of the Tamil Nadu Value Added Tax (Second Amendment) Ordinance, 2008; Provided that such dealer shall not collect any amount by way of tax or purporting to be by way of tax; Provided further that such dealer shall not be entitled .....

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