9911796707
TMI Blog1977 (4) TMI 161X X X X Extracts X X X X X X X X Extracts X X X X ..... due to certain defects noticed in the accounts. He made an addition of 100 per cent to the book turnover. On appeal, the Appellate Assistant Commissioner gave a reduction to the extent of 50 per cent in the addition made to the book turnover. The result was that over and above the book turnover, 50 per cent thereof stood added, so as to arrive at the taxable turnover. The assessee disputed this addition before the Sales Tax Appellate Tribunal. The Tribunal reduced the turnover to Rs. 45,328.44. The assessee, in the course of a reply to the preassessment notice dated 12th November, 1972, opted to be assessed under section 7 of the Act. The assessing officer rejected the claim on the ground that rule 15(4-B) of the Rules framed under the Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itted to pay tax under that provision and, on being so permitted, he would pay the tax due in advance during the year in monthly or prescribed instalments and, for that purpose, had to submit such returns in such manner as may be prescribed. Section 7(3) provides that the tax paid under subsection (2) shall be subject to such adjustments as may be prescribed on the completion of the final assessment in the manner prescribed. Section 12 of the Act prescribes the procedure to be followed by the assessing authority. It provides that the assessment of a dealer shall be on the basis of the prescribed return relating to the turnover submitted in the prescribed manner within the prescribed period. If no return is submitted within the prescribe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y submitting an application to the assessing authority at the time the estimated return prescribed in sub-rules (2) and (4) of that rule was filed, i.e., within thirty days of commencing the business. Rule 10 provided that if the assessing authority was satisfied with the return submitted, he should fix provisionally, on the basis of the return, the annual tax or taxes payable at the rates specified, among others, in section 7 of the Act. Rule 11 provides for the best judgment assessment in cases where the dealer had not submitted the return under rule 9. That would also apply to cases coming within the scope of section 7. Rule 15(1) provides that every dealer liable to submit a return under rule 9, unless he had elected to be assessed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the present case, had no power to exercise his option beyond the 1st of May of the relevant year. As sub-rule (4-B) of rule 15 had been omitted from 27th September, 1971, according to him, the dealer had no power to exercise his option after the 1st of May of that relevant year. In the present case, in his submission, the option should have been exercised before 1st May, 1971, and the option, not having been so exercised, could not have been exercised subsequently. We have considered this question in State of Tamil Nadu v. Ball Bearing Centre[1978] 41 S.T.C. 264. (T.C. No. 276 of 1974), in which we pronounced judgment yesterday. We are again examining the contentions here only because the learned Additional Government Pleader felt that s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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