TMI Blog2018 (2) TMI 197X X X X Extracts X X X X X X X X Extracts X X X X ..... attract with effect for 01.04.2008 - the order passed by the Assessing Officer is set aside - appeal allowed. Whether on the facts and in the circumstances of the case the Tribunal was right in law holding that mere filing of returns in Form K is enough and filing of fresh option within 30 days from the amendment for the year 2008-09 does not arise? - Held that: - the option should be given on or before 30th April of that year of the taxable turnover is below ₹ 50 lakhs in the previous year. But this Amendment came into effect from 18.06.2008 only. Even before and after the Amendment the dealer has filed return in Form-K issued under Section 3 (4) of the Act and not Form-I issued under Section 3(2) of the Act. So the filing of fresh option within 30 days from the Amendment for the year 2008-09 does not arise in our case - the re-assessment order of Assessing Officer is not correct and the order of Appellate Deputy Commissioner set asiding the order of Assessing Officer is correct and no Interference is warranted. Revision dismissed - decided against Revenue. - T. C.(R).No.79 of 2017 - - - Dated:- 18-12-2017 - S. Manikumar And R. Pongiappan, JJ. For the Petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rayer sought for Mr.S.Kanmani Annamalai, learned Additional Government Pleader (Taxes), submitted that the Tribunal has erred in law, in dismissing the appeal, without considering the relevant provisions of the Act and that the Tribunal has also failed to consider that Section 3(4), has been amended by Amendment 2008, with effect from 18.06.2008. 7. He further submitted that the Tribunal has failed to consider that when there is substantial change in the provisions of the Act consequent on the amendment 49/2000, filing of option is mandatory. 8. Learned Additional Government Pleader (Taxes), further submitted that the Tribunal has erred in holding that in as much as the dealer had submitted form K return, the question of exercising option within 30 days from 18.06.2008 would not arise, since the provision stipulates that such option shall exercised within the stipulated time, as per the Amendment Act. The Tribunal has also failed to consider that in view of the substantial change, opinion to be exercised is mandatory and such option should be exercised by the dealer irrespective of the fact whether the dealer has filed return in Form K, even prior to introduction to the Amend ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se hence, the order passed by the Assessing Officer is set aside. In the result the appeal is Allowed. 13. When the State has preferred an appeal in S.T.A.No.4 of 2017, before the Tamil Nadu Sales Tax Appellate Tribunal (Additional Bench), Chennai, statutory provision of Section 3(4), before Amendment Act 49/08, has been considered and vide order dated 11.06.2013 in S.T.A.No.4 of 2012, the Tribunal ordered as hereunder:- Not withstanding anything contained in sub-section (2) but subject to the provisions of sub-section (1) every dealer, who effects second and subsequent sales of goods purchased within the State, whose total turnover, for a year, is less than rupees fifty lakhs, may, at his option, instead of paying tax under sub-section(2), pay a tax, for each year, on his total turnover at such rate not exceeding one percent, as may be notified (*) by the Government. Such option shall be exercised by the dealer within 30 days from the date of commencement of this Act: Provided that such dealer shall not collect tax exceeding the rate notified by the Government under this sub-section. Provided further that such dealer shall not be entitled to Input Tax Credit on good ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on which such turnover has so reached. (2) [Such dealer is liable to pay tax under Sub-Section (2) on all his sales of rupees fifty lakhs and above] and he is entitled to the Input Tax Credit on the purchases made from the date, and on the stock available with him the purchases of which he has been made within ninety days before the date, on which such turnover has reached rupees fifty lakhs: Provided that such dealer whose turnover has reached rupees fifty lakhs during the previous year shall not be entitled to exercise such option subsequent years. (2) These words have been substituted by Section 2 of the Tamil Nadu Amendment Act 27 of 2011, from a date to be notified, by the words Such dealer may pay a tax for each year on his turnover relating to taxable goods upto rupees fifty lakhs at such rate not exceeding one per cent as may be notified by the Government and is liable to pay tax under Sub-Section (2) on all his sales of taxable goods above rupees fifty lakhs. This date has been notified as 1st April 2012 by notification No.II (2) / CTR/437 (c-2)/2011 G.O.Ms.No.135 dated 31st October 2011. From this section it is very clear that the option should be given on or befor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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