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2016 (11) TMI 1261 - RAJASTHAN HIGH COURT

2016 (11) TMI 1261 - RAJASTHAN HIGH COURT - TMI - Interpretation of Notification dt 12.7.2004 - turnover tax - composition scheme - turnover tax is payable on the basis of annual turnover and not on the basis of quarterly turnover as laid down in sec.13A of the Act - Held that: - a bare perusal of section 13A 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 .....

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ken 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 Tax Board so as to call for interference of this court - petition dismissed - decided against the reve .....

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are that all the three assessees opted for composition and their claim was that turnover tax is payable on the basis of annual turnover and not on the basis of quarterly turnover as laid down in sec.13A of the Act. However, the Assessing Officer levied the tax on the basis of quarterly turnover, which was also upheld by the Dy. Commissioner (Appeals). However, the Tax Board, after taking into consideration the relevant provisions as also Notifications, has held that the turnover tax can be levie .....

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ospectively 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 ap .....

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at such rate as may be notified by the State Government but not exceeding ten percent of his gross annual turnover. (2) No tax under sub-section (1) shall be payable on that part of turnover which relates to:- (i) sale or purchase of exempted goods; (ii) sale or purchase of goods in the course of inter-State trade or commerce; (iii)sale or purchase of goods in the course of export out of the territory of India or sale or purchase in the course of import into the territory of India; (iv) all amo .....

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