9911796707
TMI Blog1990 (7) TMI 328X X X X Extracts X X X X X X X X Extracts X X X X ..... he business of sale of atta (flour) in the trade name of M/s. Sankar Flour Mill after purchasing wheat from Food Corporation and converting the same to atta. In the year 1978-79, he was issued a notice by the Sales Tax Officer under rule 90-A(3)(a) to pay tax as fixed by him in lump sum having been eligible to that benefit. Being of the opinion that the gross turnover of the dealer exceeded one la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng order and for regular assessment? (b) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in upholding the retrospective withdrawal of the compounding order by the revenue authorities?" 3.. There is no dispute that the gross turnover of the dealer during the year 1978-79 exceeded one lakh twenty-five thousand rupees. Accordingly, the Sales Tax Officer gets ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the materials in his possession that- (a) the gross turnover of the dealer during the preceding year, on the basis of which he has been directed to pay a fixed sum exceeds one lakh rupees; (b) the gross turnover of the dealer during the year in which he has been directed to pay a fixed sum exceeds one lakh twenty-five thousand rupees; (c) the dealer has suppressed his gross turnover or taxab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n his turnover in the regular assessment proceeding. Rule 90-A(4) does not require the Assistant Commissioner to give opportunity to the dealer to be heard before approving the proposal of the Sales Tax Officer to assess the dealer under section 12. The Assistant Commissioner is to examine if turnover has exceeded one lakh twenty-five thousand rupees as provided in rule 90-A(4)(i)(b). There is no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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