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2015 (4) TMI 1092

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..... ugust 31, 2001 bearing No. P.16(4)Tax/Commissioner/2000/1076 may have been addressed to Indian Oil Corporation Limited but it is a general circular and has been notified as a notification. Therefore, by relying on the judgment of this court in the case of CTO v. Instrumentation Ltd., Kota, the clarification/circular has been correctly interpreted by the Tax Board that the surcharge on turnover tax .....

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..... held that in the light of the circular/clarification, surcharge on turnover tax is not leviable. 2. Counsel for the assessee at the outset submitted that identical issue came up before this court in the case of CTO v. Instrumentation Ltd., Kota reported in [2012] 31 Tax Update 286 and after considering the circular dated August 31, 2001 came to the conclusion that the clarification/circular ha .....

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..... ng No. P.16(4)Tax/Commissioner/2000/1076 may have been addressed to Indian Oil Corporation Limited but in my view, it is a general circular and has been notified as a notification and for ready reference is reproduced hereunder: 5. This court in the case of Instrumentation Ltd. [2012] 31 Tax Update 286 had considered the above notification and after placing reliance on the judgments of the .....

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..... terpretation will be binding upon the Revenue. 6. Accordingly, in my view, the judgment rendered by this court in the case of Instrumentation Ltd. [2012] 31 Tax Update 286, is squarely applicable to the facts and this court is not inclined to take a different view in these petitions. 7. Accordingly, I do not find any infirmity, illegality or perversity in the impugned orders passed by the T .....

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