9911796707
TMI Blog2022 (9) TMI 999X X X X Extracts X X X X X X X X Extracts X X X X ..... 04.12.2020 and the consequent denial of exemption under the provisions of the Central Sales Tax Act are set aside - the purpose of re-determination of the turnover and denial of exemption is only to proceed as aginst the petitioner under the provisions of Section 49 of the Act which provides for offences and penalties as well as the relevant provisions of the Central Sales Tax Act providing for penalties. Section 468(2) sets out the periods of limitation, based on the category of punishment to be imposed, as six months, one year or three years, in the case of offences punishable with (i) fine (ii) imprisonment for a term not exceeding one year or (iii) imprisonment a for term within one month but less than three years, respectively - Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... books. The petitioner had claimed concessional rate of tax and the computation of the turnover refers to Form 'C' having been filed in support of the claim of concessional rate of tax. 3.It appears that long after the completion of the assessment, the respondents had come to suspect the veracity of the 'C' forms that had been submitted by the petitioner during the time of the original assessment. The impugned notice had thus been come to be issued in December, 2020 and a perusal of the same reveals that the officer has, even in the course of the notice, proceeded to recompute the turnover in respect of the period 2003-2004 and deny the exemption claimed, computing the differential tax along with interest @ 2% from April, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence punishable under the provisions of Central Sales Tax Act, 1956. Hence, the C form declarations as detailed in the annexure to this notice are rejected and the exemption availed by the dealer on the turnover of Rs.48.83.72.873/- is brought to tax net and the tax due of Rs.1,95,34,914/- (Rupees One crore Ninety five lakhs thirty four thousand nine hundred and fourteen only) is proposed to be collected from the dealer forthwith along with interest as calculated below: Value for which exemption claimed Tax due @ 4% Interest @ 2% p.m. From April, 2004 Total Due Rs.48,83,72,873/- Rs.1,95,34,915/- Rs.7,85,04,312/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... attention to Section 469 of the Code of Criminal Procedure, 1973 that sets out the period of limitation for various offences. Section 468(2) sets out the periods of limitation, based on the category of punishment to be imposed, as six months, one year or three years, in the case of offences punishable with (i) fine (ii) imprisonment for a term not exceeding one year or (iii) imprisonment a for term within one month but less than three years, respectively. 10. The critical word used therein is offence that postulates that the escapement of turnover ought to have been determined , and validly so, as a pre-condition for the limitation under Section 468(2) to stand triggered. Such determination of escapement of turnover, ought to have be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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