2009 (2) TMI 775

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..... r the respondent. The common question arises in all the cases is whether the assessee is liable to pay tax under compounded rate under section 7(1) by reckoning liability under section 5A. Learned Government Pleader rightly pointed out that the decision of this court relied on by the Tribunal is not applicable to this case. Notification referred to therein is not on compounding but a separate exem .....

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..... lery v. State of Kerala [2004] 12 KTR 543 which stands confirmed by judgment in S.T.RV. No. 39 of 2006. However, we do not think that there is any need to go into the question raised by the Government Pleader that even prior to the introduction of the Explanation, tax payable at compounded rate should be fixed by reckoning the tax liability under section 5A also. We therefore dismiss the revision .....

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