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2015 (6) TMI 434 - MADRAS HIGH COURT

2015 (6) TMI 434 - MADRAS HIGH COURT - TMI - Jurisdiction of Commercial Tax Officer - Held that:- sales had been done to the tune of ₹ 35,06,220/-. In view of Section 3(4) (a)(ii), 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 Sales Tax turnover alone for the purpose of liablity under Section 3(4) o .....

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ub-section (2), but subject to the provisions of subsection (1), every dealer, who effects second and subsequent sales of goods purchased within the State, whose total turnover relating to taxable goods, for a year, is less than rupees fifty lakhs, may, at his option, instead of paying tax under sub-section (2), pay a tax, for each year, on his turnover relating to taxable goods at such rate not exceeding one percent, as may be notified by the Government. Such option shall be exercised by the de .....

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of tax Provided further that such dealer shall not be entitled to input tax credit on the goods purchased by him Provided also that the dealer who purchased goods from such dealer shall not be entitled to input tax credit on the goods purchased by him. (b) If the turnover relating to taxable goods, of a dealer paying tax under clause (a) in a year, reaches rupees fifty lakhs at any time during that year, he shall inform the assessing authority in writing within seven days from the date on which .....

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