Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether declaration forms in Form G, filed after submission of the returns but before final assessment, could be taken into account for granting concessional rate of tax under section 5-B of the A.P. General Sales Tax Act, 1957.
Analysis: Section 5-B grants concessional tax treatment on sales of specified goods to another dealer for manufacturing use, subject to furnishing the prescribed declaration. Rule 30-A(1)(b)(i) states that the declaration should be sent along with the return, but clause (ii) expressly permits the assessing authority, on application, to grant further time for filing the original declaration up to the time of final assessment. In that statutory setting, the requirement of filing Form G with the return was held to be directory and not mandatory. Since the declarations were filed before the assessment order was made, the assessee satisfied the statutory requirement for concessional treatment.
Conclusion: The declaration forms could be taken note of if filed before final assessment, even though they were not filed along with the returns, and the assessee was entitled to concessional rate of tax.