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TMI Blog2018 (1) TMI 93X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner and Mr.S.Kanmani Annamalai, learned Additional Government Pleader for the respondent. 2.The petitioner has filed this writ petition, challenging the assessment order dated 12.01.2011, under the provisions of the Central Sales Tax Act, 1956 for the assessment year 2004-05. 3. The issue involved is as to what is the rate of tax payable for sale of scientific equipments to educational institu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n (2010) 28 VST 306 (Mad). In the said case, the circular issued by the Special Commissioner and Commissioner of Commercial Tax, dated 10.06.2002 was challenged, wherein, the Commissioner had directed that, in cases, where, notifications have been issued under Section 8 (5) of the Central Sales Tax Act, 1956 C/D form is essential. The learned Judge, after considering the matter elaborately, set as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otification. 10. It is also an admitted fact that no such condition has been imposed in the notification, dated 20.12.1975 that the registered dealers engaged in sale of the abovesaid goods, have to produce 'C'/'D' Forms for claiming concessional rate of tax. But by erroneous application of the amendment brought about by Section 8(5) of the Central Sales Tax Act, by Act 20/2002, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able to be set aside, insofar as the petitioners are concerned and accordingly, set aside. Consequently, the order, dated 31.03.2008 passed by the Commercial Tax Officer, Thiruvanmiyur Assessment Circle, disallowing the concessional rate of tax at 5% on the sales to educational institutions (impugned in W.P.No.16154 of 2008) is set aside. 13. In the result, the Writ Petitions are allowed as ind ..... X X X X Extracts X X X X X X X X Extracts X X X X
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