TMI Blog2022 (10) TMI 379X X X X Extracts X X X X X X X X Extracts X X X X ..... g as the assessments relate to the periods 2011-12 to 2013-14, the petitioner will appear before the assessing authority on 12.10.2022 at 10.30 a.m. without awaiting any further notice and make its submissions. The assessments shall be completed within a period of eight (8) weeks from the date of receipt of copy of this order - Petition allowed by way of remand. - W.P.Nos.12253, 12257 & 12261 of 2019 And WMP.Nos.12533, 12535 & 12539 of 2019 - - - Dated:- 29-9-2022 - Honourable Dr. Justice Anita Sumanth For the Petitioner : Mrs.Hema Muralikrishnan For the Respondent : Mr.C.Harsha Raj, Additional Government Pleader ORDER Heard Mrs.Hema Muralikrishnan, learned Senior Standing Counsel for the petitioner and Mr.C.Harsha Ra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... el namely, in the cases of Gannon Dunkerley Co., (supra), and Larsen Tourbo Ltd Ors.(supra). However, to apply these decisions, it is essential that a thorough factual exercise has to be done. The transactions appear to be complicated and there are several transactions, especially when the project consist of 148 flats, which is stated to have been completed and completion certificate was issued during March 2014. These complicated factual issues has to be adjudicated bearing in mind the legal principle enunciated in the aforementioned judgment. However to adjudicate the factual issues, the petitioner should first furnish adequate information. The mere statement that 50% of the flats remained unsold on the date of issuance of the compl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ected by it. 7. The petitioner is aggrieved by the methodology adopted in the computation of tax on turnover, and draws attention to Rule 8(5) of the Tamil Nadu Value Added Tax Rules, 2007 ( Rules ) that reads as follows: 8. Procedure for assessment.- (1) In pursuance of Explanation II to clause (41) of section 2, the amounts specified in the following clauses shall not, subject to the conditions specified therein, be included in the turnover of a dealer - ......... (5) The taxable turnover of the dealer liable to pay tax under section 5 on transfer of property in goods involved in the execution of works contract shall be arrived at after deducting the following amounts from the total turnover of that dealer, namely:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1. Electrical Contracts 15 2. All Structural Contracts 15 3. Sanitary Contracts 25 4. Watch and/or clock repair contracts 50 5. Dyeing Contracts 50 6. All other contracts 30 8.Learned Government Pleader agrees that the proper method for assessing the turnover from works contract is as per Rule 8(5) and that there is no statutory basis to justify the methodology adopted in the impugned assessments ..... X X X X Extracts X X X X X X X X Extracts X X X X
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