TMI Blog2016 (11) TMI 1261X X X X Extracts X X X X X X X X Extracts X X X X ..... and the exemption fee in lieu of turnover tax had been rescinded, therefore, assessment of the annual turnover or the exemption fee on any part of the same of the assessee for the assessment year 2004-05, could not be made applicable - The Tax Board, in my considered opinion has correctly interpreted the Notifications and the view which has been taken by the Tax Board appears to be just and proper and is not required to be interpreted differently than what has been expressed by the Tax Board and taking into consideration the aforesaid view of the Tax Board, which I do concur, in my view it being a finding of fact based on evidence, no question of law arises out of the order of Tax Board. I find no perversity or illegality in the order of T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s well as the Dy. Com. (Appeals). Learned counsel contends that the law cannot be applied retrospectively and it has to be applied prospectively and the Tax Board erred in taking into consideration the relevant Notifications, which were in the nature of clarification rather than holding it prospectively. She thus contended that questions of law arise out of the order of Tax Board and needs consideration. 4. None appeared on behalf of the respondent. 5. I have heard learned counsel and taken into consideration the arguments advanced and perused the orders including the impugned order. 6. For better appreciation, it would be appropriate to quote sec.13A which is the bone of contention in between the Revenue and assessee in regard to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de from the gross turnover of a dealer for the purpose of this section. (3) For the purposes of assessment, collection and refund of tax levied under this section, the provisions pertaining to assessment, collection and refund under other provisions of this Act and Rules made thereunder shall mutatis mutandis apply. 7. In my view, a bare perusal of the section itself makes it explicitly clear when it mentions whose total turnover in a year exceeds 3 lac rupees should mean that it has to be computed on the basis of annual turnover and not on the basis of proportionate or part of the turnover or quarterly. Admittedly, Notification dt 12.7.2004 with regard to the assessment of the turnover tax and the exemption fee in lieu of turno ..... X X X X Extracts X X X X X X X X Extracts X X X X
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