9911796707
TMI Blog2008 (7) TMI 900X X X X Extracts X X X X X X X X Extracts X X X X ..... idered by the assessing officer by passing an order. Therefore, reliance is placed by the assessing officer upon rule 8B that application filed by the assessee cannot be permitted to be withdrawn on the basis of amended rule which came into force on June 8, 2001. Finding recorded by the assessing officer and the appellate authorities is not only erroneous but also suffers from error in law and the conclusions arrived for the assessment year is totally inapplicable to the fact-situation. The assumption of the assessing officer and appellate authorities that the assessee has opted to avail of the benefit under section 17(6)(ii) of the Act is a non-existing fact as there is no permission granted in this regard by the assessing officer. Ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lication does not amount to grant of deemed permission for payment of composite tax under the above provision of the Act. Therefore, the learned counsel submits that the assessing authority committed an error in law in bringing the alleged suppression of total turnover amount of Rs. 1,13,71,257 and the advance tax under section 12A of the Act. The reassessment order passed under section 17(6) of the Act for payment of composite tax at four per cent read with section 12A of the Act is contrary to the law. Therefore, the order passed by the assessing officer, which is affirmed by the first and second appellate authorities is not only erroneous but also suffers from error in law and the same is liable to be set aside. The learned AGA has so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asons: It is an undisputed fact that the assessee opted to avail composite tax benefit under section 17 of the KST Act. No doubt, the petitioner has filed application before the assessing officer within the stipulated period seeking permission to avail of the benefit of payment of composite tax on its total turnover. The said application was not considered by the assessing officer by passing an order. Therefore, reliance is placed by the assessing officer upon rule 8B that application filed by the assessee cannot be permitted to be withdrawn on the basis of amended rule which came into force on June 8, 2001. Firstly, it has no application to the fact-situation as it has no retrospective effect. Secondly, amended rule not permitting the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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