Compounded assessment option under section 7 may be exercised within a reasonable time after rule deletion.

Section 7 conferred an option for compounded assessment on eligible dealers without prescribing any express time-limit for exercising that choice. After deletion of rule 15(4-B), the option had to be read with the statutory scheme rather than the deleted rule, and the absence of a specified deadline meant it could be exercised within a reasonable time. The commentary further notes that rule 15(4-A) concerned provisional assessment from the start of the year and did not control this option. As a beneficial provision for small traders, section 7 was not to be construed strictly, and the reasonable-time limit was taken to extend up to the making of the assessment.

---

---

Issues: Whether the assessee could validly exercise the option for assessment under section 7 after the deletion of rule 15(4-B), and whether such option had to be exercised only on or before 1 May of the relevant year.

Analysis: Section 7 conferred an option on eligible dealers to be assessed at the compounded rate, but it did not prescribe any express time-limit for the exercise of that option. Rule 15(4-A) dealt only with dealers seeking provisional assessment from the commencement of the year, while rule 15(4-B), which had allowed exercise of the option before final assessment, was deleted during the relevant year. Once rule 15(4-B) ceased to apply, the statutory provision had to be read on its own, and the absence of a prescribed time-limit meant that the option could be exercised within a reasonable time. In light of the statutory scheme and the principle that such a beneficial provision for small traders should not be construed strictly, the reasonable time was held to extend up to the making of the assessment.

Conclusion: The assessee validly exercised the option within a reasonable time and remained eligible for assessment under section 7.

---