9911796707
TMI Blog1997 (6) TMI 343X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, has held against the petitioner. 2.. Section 11(1) of the Act reads as under: 11. Agents liable to pay tax.-(1) Notwithstanding anything contained in any law for the time being in force including this Act, every person who for an agreed commission or brokerage buys or sells on behalf of any principal who is a resident of the State of Karnataka shall, subject to the provisions of subsection (5) of section 5 or section 6-B be assessed to tax or taxes under this Act at the rate or rates leviable thereunder in respect of such purchase or sale notwithstanding that such principal is not a dealer or that the turnover of sale or purchase relating to such principal is less than the minimum specified in subsection (5) of section 5 or secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was rendered by one of us (G.C. Bharuka, J.), it has been held to the following effect: In my considered opinion, the submission advanced by Mr. Gandhi is obviously fallacious for more than one reason. As held by the two Division Bench decisions of this Court in the cases of B.P. Automobiles [1984] 55 STC 93 and Shantilal Brothers [1985] 59 STC 178, the expression total turnover as used under section 6-B(1) has to be necessarily read in terms of section 2(u-2) and not on computation thereof as provided under rule 6 of the Rules. Even otherwise it is well-settled that if the rules are found to be inconsistent with the provisions of the Act, the same have to yield to the latter, and the provisions contained under the Act will have an o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e liability under section 6B of the Act since in sub-section (1) thereof the Legislature has excluded the consideration of such exemptions by specifically declaring whether or not the whole or any portion of such turnover is liable to tax under any other provisions of this Act . It has been made more explicit by further declaring under the second proviso to sub-section (1) of section 6B of the Act to the effect that no other deduction shall be made from the total turnover of a dealer for the purpose of this section . This means that except the deductions provided under the first proviso to section 6B(1) nothing else can be deducted from the total turnover as defined under section 2(u-2) for the purpose of levy of turnover tax under sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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