9911796707
TMI Blog1996 (6) TMI 328X X X X Extracts X X X X X X X X Extracts X X X X ..... x Act, 1963 (for short, "the Act") on the file of the Additional Sales Tax Officer-I, I Circle, Ernakulam. For the assessment year 1991-92 the dealer filed return showing the total and taxable turnover as Rs. 29,84,110.50 and rupees nil respectively. During the said assessment year the Intelligence Officer, Ernakulam had inspected the business premises of the petitioner on January 12, 1993. From t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ainst the said assessment order the petitioner filed an appeal before the Appellate Assistant Commissioner, Ernakulam. A specific contention was urged in the appeal that the offence was compounded on payment of Rs. 39,233 under section 47(1)(a) and the amount paid as compounding fee was not adjusted towards the tax due. This contention was rejected by the Additional Appellate Assistant Commissione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed?" In order to appreciate the question raised by the assessee it is necessary to advert to the provisions contained in section 47(1)(a) of the Act, which runs as follows: "47. Composition of offences.-(1) The assessing authority or other officer or authority authorised by the Government in this behalf may accept from any person who has committed or is reasonably suspected of having committed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e" subject to a minimum of rupees one hundred and the maximum of rupees one lakh. Such payment is over and above the "tax payable" by the dealer. In the case of an offence consisting of evasion of tax the "tax payable" by the dealer is the amount of tax sought to be evaded. After the composition of the offence the dealer cannot contend that the amount paid by him as compounding fee is inclusive of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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