TMI Blog2017 (11) TMI 524X X X X Extracts X X X X X X X X Extracts X X X X ..... ax at 1% - Held that: - since the petitioner has approached this Court challenging a notice proposing to levy tax at 10%, the matter has to be necessarily remanded to the Assessing Officer - petitioner are directed to file their objections to the impugned notices, wherein the petitioner is entitled to place reliance upon the circular issued by the Government in G.O.Ms.No.39 dated 04.04.2005 - peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted sale of hosiery goods which are taxable at 1% with effect from 01.12.2001 subject to the condition that the dealer does not have any branch transfers or consignment sales during the year. Otherwise, it would be liable to 4% tax, if covered by C Declaration Form and if not covered by such C Declaration Form, it would be taxable at 10% under Section 8(2)(b) of the Central Sales Tax Act. 3. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation issued by the Government giving the appellants the option to avail the rate of tax at 1% an interstate sale by not claiming exemption in respect of stock transfer under Section 6A shall qualify the appellants to avail the rate of tax at 1% under CST Act. The order of assessment at enhanced rate at 2% and 10% are ordered to be struck down. As the turnover liable for enhanced rate of tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d decision and pass an order. 5. In the light of the above, these writ petitions are disposed of by directing the petitioner to file their objections to the impugned notices, wherein the petitioner is entitled to place reliance upon the circular issued by the Government in G.O.Ms.No.39 dated 04.04.2005 and the order passed by the Appellate Authority in the case of Mrs. Rupa Co. Ltd., and the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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