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HC held that under Rule 17(1)(g) APVAT Rules, entire turnover is taxable at 12.5% where accounts are not properly maintained, but the Rule does not prescribe the manner of maintenance, and Rule 31's requirement of separate accounts for each works contract is to be practically construed. As the record was insufficient to conclusively determine whether the dealer had produced all relevant accounts, HC set aside the impugned assessment orders and remanded the matter to the assessing authority to afford the dealer an opportunity to produce complete records, and to reassess turnover, location of execution, and applicable tax rate in accordance with law. Writ petitions were disposed of by remand.
HC held that under Rule 17(1)(g) APVAT Rules, entire turnover is taxable at 12.5% where accounts are not properly maintained, but the Rule does not prescribe the manner of maintenance, and Rule 31's requirement of separate accounts for each works contract is to be practically construed. As the record was insufficient to conclusively determine whether the dealer had produced all relevant accounts, HC set aside the impugned assessment orders and remanded the matter to the assessing authority to afford the dealer an opportunity to produce complete records, and to reassess turnover, location of execution, and applicable tax rate in accordance with law. Writ petitions were disposed of by remand.
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