9911796707
TMI Blog2019 (12) TMI 881X X X X Extracts X X X X X X X X Extracts X X X X ..... e sale of the stable fibres yarn on the Assessee in terms of the said Notification and the said issue stood concluded by the Clarification issued by the learned Commissioner under Section 28-A of the Act on 21.10.1999. Therefore, it was not open to the Assessing Authority to invoke his reassessment powers conferred under Section 16(1) of the Act on the same set of facts. Admittedly, there were no different facts available before the Assessing Authority and the same consignment transfer of cotton yarn to the extent of ₹ 1,56,23,382.32 was sought to be made the basis for impugned reassessment proceedings under Section 16(1) of the Act, whereas the said facts had already been considered by the earlier Assessing Authority for the very ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed escaped turnover of polyster - cotton blended yarn by the Assessee during the said year, as according to the said Authority, the Assessee has violated the condition of the Notification in G.O.Ms.No.111, Commercial Taxes and Religious Endowments, dated 7th April 1998, by making the consignment/branch transfers of the goods during the year of cotton yarn to the extent of ₹ 1,56,23,382.32. 2.Assailing the same, the learned counsel for the petitioners Mr.S.Rajesh urged before us that not only the earlier Assessing Authority had considered these very facts for the Assessee and had found that there was no violation of conditions of the said Notification reducing the rate of tax on inter-state sale of the specified commod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rate of tax was reduced to 2% as the sale of man made staple fibre yarn by any dealer who does not have any branch transfer or consignment transfer outside the State during the year as per G.O.Ms.No.103/CT RE Dated 7.4.98 Notn.No.II(i)/CT RE/ 43(d-2)98. Gazette Dated 7.4.98 as amended by G.O.Ms.No.60 CT Dated 17.3.99 - Notification No.II(i)/CT/40(a-3)/99 Gazette dated 17.3.99. The petitioners have effected only local sales and interstate sales of man made staple fibre yarn from 1.4.99. The Stock transfers/Consignment sales of cotton yarn outside the State effected by the petitioners from 1.4.99 do not make the petitioners liable to pay higher rate of tax for the sale of staple fibre yarn when there is no Stock transfe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4)/99 dt. 17.03.99 the said goods is taxable at reduced rate of 2% provided the dealer does not have any consignment transfer during the year. However the dealer has effected consignment of cotton yarn for ₹ 1,56,23,382.32 during 1999-2000. Therefore the condition prescribed has been violated by the dealer which makes them ineligible for the concessional rate of tax granted by the said notification. As the goods is taxable at 8% under entry 27 under part 'C' of the first schedule to the TNGST Act. It is taxable at 10% without 'C' form declaration. The dealers have not interest produced the said declaration for the concessional rate of tax at 4%. Against the said notice, the Assessee had preferred the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... applied the reduced rate of 2% of the sale of the stable fibres yarn on the Assessee in terms of the said Notification and the said issue stood concluded by the Clarification issued by the learned Commissioner under Section 28-A of the Act on 21.10.1999. Therefore, in our opinion, it was not open to the Assessing Authority to invoke his reassessment powers conferred under Section 16(1) of the Act on the same set of facts. Admittedly, there were no different facts available before the Assessing Authority and the same consignment transfer of cotton yarn to the extent of ₹ 1,56,23,382.32 was sought to be made the basis for impugned reassessment proceedings under Section 16(1) of the Act, whereas the said facts had alread ..... X X X X Extracts X X X X X X X X Extracts X X X X
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