1972 (9) TMI 127

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....ct of each of the years levied by the assessing authority are set out below: ------------------------------------------------------------------------ Assessment Taxable Tax levied Penalty levied year turnover ------------------------------------------------------------------------ 1959-60 254.46 15.27 22.91 1960-61 15,834.16 335.68 503.92 1961-62 31,644.34 670.86 1,006.29 1962-63 31,199.34 661.39 992.09 ------------------------------------------------------------------------ The assessing officer took the view that the sales of the above articles by the respondent are liable to sales tax and, therefore, proceeded to assess the respondent on the basis of his best judgment after rejecting the turnover shown in th....

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....s before the Tribunal questioning the said assessments. The Tribunal held, disagreeing with the view taken by the authorities below, that the facts clearly establish that the respondent has been supplying medicines only to his patients on prescriptions from the dispensary run by him and that, therefore, he is entitled to the benefit of the exemption under the notification referred to above. He, therefore, set aside the assessment so far as it related to the medicinal preparations. So far as tooth-powder is concerned, the Tribunal agreed with the view of the assessing authority that it is taxable only at multi-point at the rate of 2 per cent. and not at the rate of 3 per cent. single point. But it held that as the taxable turnover in respect....

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....n the ground that the taxable turnover was less than Rs. 10,000. According to the revenue, the Tribunal has not properly understood the scope of section 3(1) read with the definition of "total turnover" in section 2(q). The above contention, in our view, has considerable force. The Tribunal's view that unless a person has got a taxable turnover of Rs. 10,000, he is not assessable under section 3(1) does not seem to be in accord with the statutory provisions. Section 3(1), at the relevant time, stated that every dealer whose total turnover for a year is not less than ten thousand rupees, shall pay a tax for each year at the rate of two per cent. of his taxable turnover. "Total turnover" has been defined under section 2(q) as referring to the....