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M/s Hira Singh Sobti Contracts Ltd. Versus w Commissioner, Commercial Tax and Vica-Versa

2015 (10) TMI 1923 - UTTARAKHAND HIGH COURT

Demand of interest - Samadhan Yojna - Composition Fee / Scheme under UPTT - Held that:- Initially, the composition fee consisted of one per cent of the total contract amount; the only restriction was that the contractor could not avail of the composition fee of one per cent and had to pay the tax as provided under the Act, if the inter-state purchase of raw material exceeded five per cent of the contract amount. There is no dispute that it exceeded five per cent. If things stood so and there wer .....

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paid in place of one per cent, the regular provision of the assessment would not be applicable, if the inter-state purchase exceeded more than five per cent of the contract amount. Therefore, even if the inter-state purchase of the raw material made by the revisionist exceeded five per cent, if the revisionist exercised the option to pay three per cent composition fee, then, that would put an end his tax liability for the period. - Therefore, in place of the tax, which he would have had to pay u .....

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effect. We would think that the first appellate authority has correctly understood the legal position. It is also relevant to mention here that the Circular dated 28.10.2003 does not provide for payment of interest for the period prior to its date. - Decided in favour of assessee. - Trade Tax Revision No. 1 of 2011, Trade Tax Revision No. 2 of 2011 - Dated:- 31-8-2015 - K.M. Joseph and V.K. Bist, JJ. For The Revisionist : Mr. Lalit Belwal, Advocate For The Respondent : Mr. H.M. Bhatia, Brief Hol .....

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. This is, however, subject to the condition that, if, in any year, the inter-state purchase of raw material exceeded five per cent of the total contract amount, then, in respect of the amount in excess of that 5 per cent, the assessee would have to pay tax by filing return on the entire amount. There is no dispute that, during the Assessment Years 2000-2001 and 2001-2002, as it turned out, the inter-state purchase of the revisionist exceeded five per cent of the contract amount. However, it so .....

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scheme, by which the revisionist paid a total of three per cent, including one per cent already paid. The revisionist was called upon to deposit the amount at the rate of three per cent, as he had opted for the same. Over and above the same, the Assessing Officer also directed him to deposit interest for the period with retrospective effect on monthly basis. 3. The revisionist carried the matter in first appeal. In the first appeal, the first appellate authority took the view that the revisionis .....

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28.10.2003, when the provision of 3% tax came into existence on 28.10.2003 and the revisionist has deposited 1% tax as per the earlier Samadhan Yojna? b) Whether the revisionist can be directed to pay interest on remaining tax of 2%, when the Circular dated 28.10.2003 bringing the provision of tax of 3% came in existence on 28.10.2003 and mainly when the said Circular does not speaks of charging interest for the period prior to 28.10.2003? c) Whether the Trade Tax Tribunal and the Assessing Aut .....

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about 2 years, when the Association had told the State Government about the non-availability of the raw materials in the State of Uttarakhand? 6. We have heard the learned counsel for the revisionist and the learned Brief Holder for the State. 7. We have already referred to the amendment brought about on 28.10.2003. Initially, the composition fee consisted of one per cent of the total contract amount; the only restriction was that the contractor could not avail of the composition fee of one per .....

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vided for composition fee being paid and, as per the said provision, which came out on 28.10.2003, with retrospective effect and, as far as these cases are concerned, covering the assessment years in question, if three per cent is paid in place of one per cent, the regular provision of the assessment would not be applicable, if the inter-state purchase exceeded more than five per cent of the contract amount. Therefore, even if the inter-state purchase of the raw material made by the revisionist .....

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