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Issues: Whether rectification could be allowed on the basis of a subsequent assessment order permitting payment of tax under the compounded scheme for a later year, when the statutory option for the earlier year was not exercised along with the first monthly return within the prescribed time.
Analysis: Section 55 of the Tamil Nadu General Sales Tax Act, 1959 permits rectification only where there is an error requiring correction. The entitlement to pay tax under section 7C depends on compliance with section 7C(2), which requires the dealer to exercise the option along with the first monthly return for the financial year. The earlier assessment year was not saved by the fact that the same works contract continued into the next year, because section 7C(3) operates only after a valid exercise of option under section 7C(1) in accordance with section 7C(2). Since the option for the relevant year was not exercised in time, the later acceptance of the compounded scheme for the subsequent year did not create any basis to reopen or rectify the concluded assessment for the earlier year.
Conclusion: Rectification was not permissible, and the rejection of the application was justified.