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New Bharath Steel House Vs. the State of Tamil Nadu - Court Judgment

LegalCrystal Citation
SubjectSales Tax
CourtChennai High Court
Decided On
Case NumberTax Case (R.) No. 1307 of 1977
Judge
Reported in[1984]57STC127(Mad)
ActsTamil Nadu General Sales Tax Act - Sections 3(1), 7, 5 and 55
AppellantNew Bharath Steel House
RespondentThe State of Tamil Nadu
Appellant AdvocateN. Inbarajan, Adv. for C.S. Chandrasekara Sastry, ;C. Venkataraman, ;C. Natarajan and ;S. Chandrasekaran, Advs.
Respondent AdvocateK.S. Bakthavatsalam, Additional Government Pleader
Cases ReferredSupply and Marketing Society Ltd. v. Deputy Commercial Tax Officer
Excerpt:
- .....in this revision reported a total and taxable turnover of rs. 41,802.22 for the year 1972-73. the assessing officer determined the turnover at rs. 47,853.32 under section 7 and rs. 41,944.80 under section 5 by his order dated 31st august, 1973. no appeal was preferred against the said order. however, the assessing officer passed a revised order, including certain turnover as being attributable to outside state purchases and determining the turnover for the purpose of section 7 at rs. 89,798.12. there was no appeal against that order also. on 10th september, 1976, the assessment was further revised and tax was levied under section 5 on rs. 41,944.80. the petitioner filed a rectification proceeding under section 55 of the tamil nadu general sales tax act, to the assessing officer which.....
Judgment:

Ramanujam, J.

1. The petitioner in this revision reported a total and taxable turnover of Rs. 41,802.22 for the year 1972-73. The assessing officer determined the turnover at Rs. 47,853.32 under section 7 and Rs. 41,944.80 under section 5 by his order dated 31st August, 1973. No appeal was preferred against the said order. However, the assessing officer passed a revised order, including certain turnover as being attributable to outside State purchases and determining the turnover for the purpose of section 7 at Rs. 89,798.12. There was no appeal against that order also. On 10th September, 1976, the assessment was further revised and tax was levied under section 5 on Rs. 41,944.80. The petitioner filed a rectification proceeding under section 55 of the Tamil Nadu General Sales Tax Act, to the assessing officer which was rejected. He filed an appeal to the Appellate Assistant Commissioner, against the refusal of the assessing officer to pass orders under section 55 which was also dismissed. A further appeal was filed before the Sales Tax Appellate Tribunal, and the Tribunal, following the judgment of this Court, reported in Sivamurugan v. Assistant Commercial Tax Officer [1970] 26 STC 68 dismissed the appeal. The decision of the Tribunal has been challenged in this revision.

2. According to the assessee, once an assessment is made under section 7 and tax is paid on compoundable basis, there is no question of any separate assessment being made under section 5. This question came up for consideration before this Court for the first time in Sivamurugan v. Assistant Commercial Tax Officer [1970] 26 STC 68 and this Court held that the levy of tax under section 5 is a separate and independant charge apart from the levy of tax under section 3(1), and the levy of tax under section 7 is only in lieu of the tax leviable under any other provision of the Act and that, therefore, the levy of tax under section 5 on a part of the turnover already subjected to levy of tax under section 7 is valid. The view taken in that case has been accepted by another Division Bench of this Court in Coimbatore District Central Co-operative Supply and Marketing Society Ltd. v. Deputy Commercial Tax Officer [1975] 35 STC 226. Since the question arising in this revision is covered by the said decisions of this Court, the order of the Tribunal in this case has to be upheld. This revision is, therefore, dismissed. There will be no order as to costs.


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