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TMI Blog2016 (12) TMI 67X X X X Extracts X X X X X X X X Extracts X X X X ..... of annual turnover and not on the basis of proportionate or part of the turnover or quarterly basis. Admittedly, Notification dt. 12.7.2004 with regard to the assessment of the turnover tax and the exemption fee in lieu of turnover tax had been rescinded, therefore, assessment of the annual turnover or the exemption fee on any part of the same of the assessee for the assessment year 2003-04, coul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e self same question came up before this court in the case of CTO Circle Nagaur Vs. M/s. Sarita General Store, Merta City (Nagaur) and Ors, in SB STR No. 42/2010 where this Court vide judgment and order dated 27/09/2016 dismissed the claim of the Revenue in view of provisions of Sec. 13A. 5. For better appreciation, it would be appropriate to quote Sec. 13A which is the bone of contention in be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e or purchase of goods in the course of export out of the territory of India or sale or purchase in the course of import into the territory of India; (iv) all amounts collected by way of tax under the provisions of this Act or the Central Sales Tax Act, 1956 (Central Act 74 of 1956); (v) all amounts allowed to dealers in respect of goods returned to the dealer when goods are taxable on s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 lac rupees should mean that it has to be computed on the basis of annual turnover and not on the basis of proportionate or part of the turnover or quarterly basis. Admittedly, Notification dt. 12.7.2004 with regard to the assessment of the turnover tax and the exemption fee in lieu of turnover tax had been rescinded, therefore, assessment of the annual turnover or the exemption fee on any part ..... X X X X Extracts X X X X X X X X Extracts X X X X
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