9911796707
TMI Blog2003 (6) TMI 451X X X X Extracts X X X X X X X X Extracts X X X X ..... Co-operative Society Limited) and CCR and AR (Cannanore District Co-operative Rubber and Agricultural Marketing Society Limited). During the said two assessment years, the assessee had procured rubber and raw cashew nuts by raising purchase bills of the CAPEX and CCR and AR. The assessee had entered the said transactions in its books and had also included the same in the returns filed for the said two years. However, in the assessment, the assessee had claimed that the said turnover is not liable to be included in the total turnover of the assessee for the purpose of levy of turnover tax under section 5(2A) of the Act. If the said turnover is excluded the petitioner's turnover will be less than Rs. 50 lakhs in which case petitioner will no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsequently forms part of the total turnover under section 2(xxvi). It is also the contention of the department that the assessee in its books had treated the transaction as part of their turnover and had also included the turnover covered by those transactions in the returns filed by them and further the assessee had obtained form 25 declarations from CAPEX and CCR and AR for getting the benefit of exemption from the levy of turnover tax. The Government pleader had also relied on the decisions of the Supreme Court in State of Madras v. Cement Allocation and Co-ordinating Organisation [1972] 29 STC 114, Cardamom Planters Association v. Deputy Commissioner of Sales Tax [1989] 75 STC 118 and State of West Bengal v. O.P. Lodha [1997] 105 STC 56 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the State Government and such transaction cannot be treated as the turnover of the petitioner. 5.. In the present case, as already noted, the assessee itself had treated the purchase turnover of rubber and raw cashewnuts effected on behalf of CAPEX and CCR and AR as its turnover and accounted the same in its books. Further, the assessee had included the said turnover in their return and had claimed exemption by producing form 25 declaration. We find that the assessing authority had deducted the purchase turnover of cashew as per S.R.O. No. 326 of 1992 from the levy of turnover tax under section 5(2-A). Similarly the purchase turnover of local sales of rubber was also deducted from September 1, 1991 as per S.R.O. No. 1004 of 1991. The Not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orders. Counsel on that base submitted that in view of the decision of the Supreme Court in Maruti Wire Industries Pvt. Ltd. v. Sales Tax Officer, First Circle, Mattancherry [2001] 122 STC 410 penal interest under section 23(3) cannot be levied for the period prior to the demand made pursuant to the assessment orders under challenge. We find that the Tribunal did not consider this claim on the ground that no appeal will lie against an order levying penal interest. We do not agree with the said view of the Tribunal. In the instant case as already noted, the assessee had filed appeal against the assessment order relating to other matters also. Further, penal interest is levied in the assessment order itself. In view of the above, the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
