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Commercial Taxes Officer, Circle-A, Jaipur Versus Hongkong and Shanghai Banking Corporation Limited

Levy of Turnover tax - composition/exemption fees - Held that: - bare perusal of the Sec. 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 basis of proportionate or part of the turnover or quarterly basis. Admittedly, Notification dt. 12.7.2004 with regard to the assessment of the turnover tax and the exemption fee in lieu of turnover tax had been resci .....

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the Revenue was dismissed. 2. The issue raised in the instant petition is about the Assessing Officer (AO) who levied turnover tax, surcharge and interest whereas as per assessee on composition/exemption fees it was not leviable. 3. However, the Deputy Commissioner (Appeals) allowed the appeal and the order was upheld by the Tax Board by the impugned order. 4. It has been brought to the notice of this court that the self same question came up before this court in the case of CTO Circle Nagaur V .....

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red under section 3, and whose total turnover in a year exceeds three lacs rupees, whether or not the whole or any portion of such turnover is liable to tax under any other provisions of this Act, shall be liable to pay turnover tax, from such date and 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 good .....

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