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2016 (8) TMI 333 - MADRAS HIGH COURT

2016 (8) TMI 333 - MADRAS HIGH COURT - TMI - Order of assessment levy of additional sales tax split in the turnover during different periods - circulars in exercise of powers under Section 28-A of the Tamil Nadu General Sales Tax Act - Held that: - if in the very same financial year, different rates are to be worked out by virtue of prescription of such different rates, due to statutory amendments, the only exercise to be carried out would be to ascertain the period for which the different .....

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e of the respondent under the provisions of the erstwhile Tamil Nadu General Sales Tax Act and the challenge in this writ petition is to an order of assessment. 3. The petitioner has challenged the impugned order on two grounds. Firstly on the ground that the respondent failed to consider the split in the turnover between the period from April 2001 to 31.10.2001, during which period, the exemption was up to ₹ 25 Crores and for the period from November 2001 to March 2002, where the exemptio .....

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by the respondent it is stated that the Circular will not bind the assessing officer. However, this stand is incorrect because the Circular has been issued in exercise of the powers under Section 28-A of the Act and it would bind the assessee. Further in the counter affidavit reference has been made to a judgment of the Honourable Division Bench of this Court in the case of Philips India Limited Vs. Assistant Commissioner (CT), Fast Track Assessment Circle II and others (137 STC 134). However, .....

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