TMI Blog2011 (12) TMI 456X X X X Extracts X X X X X X X X Extracts X X X X ..... on that three years' continuous business prior to the year for which compounding sought is mandatory for applying for compounding. In other words, the view taken by the Tribunal that clause (b) of section 7(1)(ii) applies only in cases where the applicants have three years' continuous business prior to the year in which compounding is applied for, and that it is not a mandatory requirement for gra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the sale of liquor initially granted, but later withdrawn. Admittedly, the respondent was granted compounding facility to pay turnover tax treating the turnover for payment of TOT at 180 per cent of the purchase turnover of liquor as provided under section 7(1)(ii)(a) of the Kerala General Sales Tax Act. However, the assessing officer later noticed that the respondent had not completed three year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... years' continuous business prior to the year in which compounding is applied for, and that it is not a mandatory requirement for granting the facility. We do not think we should interfere with the order of the Tribunal because the interpretation placed by the Tribunal on the above section is a possible view, the benefit of which the dealer is entitled. We therefore dismiss STRV case filed by t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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