9911796707
TMI Blog1966 (8) TMI 54X X X X Extracts X X X X X X X X Extracts X X X X ..... and whether the excess turnover will be taxable at the rate of Rs. 1-9-0 per cent. or at the rate of 0-4-0 per cent.?" 2. In order to appreciate the facts and circumstances in which the reference has been made it is necessary first to refer to the relevant provisions of the Madhya Bharat Sales Tax Act, 1950 (hereinafter referred to as the Act) and of the Rules made thereunder (hereinafter referred to as the Rules). Under section 4(2) of the Act no tax was payable on the sale of goods specified in the second column of Schedule I "on conditions mentioned in column three" of that Schedule. Under sub-section (3) the Government was given power to amend by a notification Schedule I and exempt from tax the sale of any goods or class of goods or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fficer, after such enquiry as he may deem necessary, is satisfied that the information given in such statement is correct, and the fee has been correctly deposited, he shall issue an exemption certificate to the dealer in Form V. (d) If the Sales Tax Officer finds that the fee deposited is less than that payable in accordance with the notification, he shall require the dealer to deposit the balance within a time to be fixed by him. (e) If the Sales Tax Officer finds that the fee deposited by the dealer exceeds the amount payable, he shall order the excess to be refunded." By rule 13 it was provided that the exemption certificate granted under rule 11 or 12 would remain valid till the expiry of the assessment year and that a fresh cert ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tax on the excess turnover of the value of Rs. 61,000. The assessee, however, contended that the excess turnover of Rs. 61,000 in 1958-59 was also exempt from sales tax and that on that amount he was only liable to pay a "fee" at the rate of four annas per cent. This contention was ultimately accepted by the Sales Tax Tribunal. 4.. It is plain from the notification issued by the Madhya Bharat Government on 15th March, 1955, under section 4(3) of the Act and rule 11 that the assessee's turnover of bullion in a particular year was exempt from sales tax on the condition of his paying in advance a fee of four annas per cent. on an estimate of the turnover for the year made on the basis of his previous year's turnover. As the turnover of a par ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for 1958-59 in accordance with rules 11 and 13. That being so, he was not liable to pay sales tax on the excess turnover of Rs. 61,000 for the year. On that amount the assessee was liable to pay only a fee at the rate of four annas per cent. 5.. For these reasons, our answer to the question referred is that an exemption certificate issued for a particular year under rule 11(c) of the Rules is valid not only for the quantum of turnover mentioned therein but also for any actual excess turnover in that year and on the excess turnover the assessee is liable to pay only a fee at the rate of four annas per cent. The assessee shall have costs of this reference. Counsel's fee is fixed at Rs. 100. Reference answered accordingly. - - TaxT ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
