TMI Blog2012 (7) TMI 1078X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessment of the earlier year 2008-09 is remanded, the determination of the highest turnover tax for the purpose of granting facility of payment of tax at compound rates would also depend on such assessment proceedings directed to be de-novo completed. In the above circumstance, we answer the question of law in favour of the Revenue and against the assessee, but all the same remand the assessment to the Assessing Officer for de novo consideration in accordance with law. The Sales Tax Revisions are ordered as above. - ST. Rev. Nos. 59, 60 61 of 2012 - - - Dated:- 5-7-2012 - Mr. Thottathil B. Radhakrishnan And Mr. K. Vinod Chandran, JJ. For the Petitioner: Smt. S.K. Devi Santhosh, P. Abraham, M. Raj Mohan For the Respond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd on inspection was only an occasional instance and cannot warrant rejection of the gross profit conceded and estimation on the total turnover. The Assessing Officer considered the reply of the assessee in the following manner: 1. The Intelligence Officer has already considered all the above contentions regarding GP, peg sale etc while passing his order 2. The Books of Accounts and other data made available before me confirmed the inference arrived by the intelligence Officer. 3. Moreover, the dealer himself had admitted the offences, and requested in writing the option to compound. 4. It is evident that the Assessing Officer has adopted the opinion of the Intelligence Officer. A mere statement that books of accounts and other ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .60 of 2012 in favour of the assessee and against the Revenue and hold that the assessee though having submitted itself to compounding of an offence, can necessarily in assessment proceedings produce materials before the Assessing Officer and contend against the reasoning of the Intelligence Officer being adopted in toto for the whole assessment year and the entire turnover. ST Rev.60 of 2012 is allowed remanding the assessment for the year 2008-09 to the Assessing Officer, who shall carry out the proceedings within a period of three months from the date of receipt of a certified copy of this judgment after issuing notice to the assessee and affording him an opportunity of being heard. 5. The issue raised in the two other revisions for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... liquor calculated.- a. at one hundred and forty per cent of the purchase value of such liquor, in the case of those situated within the area of a municipal corporation or a municipal council or a cantonment, and at one hundred and thirty five per cent of the purchase value of such liquor. in the case of those situated in any other place; or b. at one hundred and fifteen per cent of the highest turnover tax payable by it as conceded in the return or accounts or the turn over tax paid for any of the previous consecutive three years, whichever is higher. The provision interpreted in Malabar Ornaments Case(supra): Section 8(f)(i): any dealer in ornaments or wares or articles of gold, silver or platinum group metals may, at his o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e includes the interest contemplated under Section 23 of the KGST Act, which is compensatory in nature. The assessments are to be completed on the close of an assessment year and any assessment concluded subsequently and modification or enhancement made would relate back to the date stipulated for payment of tax and filing of annual returns. Whenever such payment is made it would definitely be tax paid by the assessee for the particular assessment year. The decision of the Division Bench in Malabar Ornaments Case (Supra) cannot be applied to the provision that has come up for consideration in the above revision. Both the facts and the law could be clearly distinguished. 8. On the strength of the above finding we hold that the tax paid wo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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