9911796707
TMI Blog2007 (6) TMI 495X X X X Extracts X X X X X X X X Extracts X X X X ..... uthority keeping in view section 5B of the Act and item 12 of the Third Schedule to the Act has granted limited exemption on the sales turnover of the assessee. Aggrieved by this action of the assessing authority, the assessee had carried the matter before the first appellate authority. The appellate authority has accepted the stand of the assessee and accordingly has allowed the appeal except with regard to the turnover of ice cake. Accordingly the appellate authority has directed the assessing authority to quantify the tax liability of the petitioner afresh. Aggrieved by the orders so passed by the first appellate authority, the Revenue had carried the matter by way of second appeal before the Tribunal in appeal Nos. 221, 222 and 223 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g to the learned counsel, since the petitioner's annual turnover for all these three years is less than rupees five lakhs, the petitioner cannot be mulcted with any tax liability under section 5(1) of the Act. In aid of his submission the learned counsel has taken us through the orders passed by the first appellate authority and the provisions of section 5B of the Act. Section 5 of the Act is the charging provision which provides for the creation of tax liability. It deals with the classification of dealers, points of levy, total turnover, deductions, taxable turnover and exemption including taxable limit. Section 5B of the Act authorises payment of licence fee in lieu of tax under section 5 and section 5A of the Act. To appreciat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rages exceeds five lakh rupees. The proviso appended to the said section would amply suggest that if a dealer falls under the ambit of section 5B of the Act, then he is not liable to pay tax under sub-sections (1) and (2) of sections 5 and 5A of the Act. Now we turn to item 12 of the Third Schedule to the Act. The same reads as under: 12. Cooked food including coffee, tea and like articles served in a hotel, restaurant or any other place not falling under entry 40 of the First Schedule and when the turnover does not exceed rupees five lakhs. Section 9 provides for statutory exemptions. The commodities and the transactions that are eligible for exemption are enumerated under the Third Schedule to the Act. Item 12 of the Third Sche ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... see cannot take recourse to the provisions of section 5B of the Act on those items which do not come under item 12 of the Third Schedule to the Act. Keeping that in view the assessing authority as well as the Tribunal have directed the assessee to pay tax under section 5(1) of the Act. This, in our opinion, is justified in view of what we have stated in the earlier paragraphs of our order. Accordingly, we are unable to accept the stand of the learned counsel for the assessee. Therefore, these revision petitions require to be rejected and they are rejected by confirming the orders passed by the Tribunal. Consequently C.M.P. Nos. 4576, 4578 and 4580 of 2002 are also dismissed. Ordered accordingly. - - TaxTMI - TMITax - CST, VA ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
