1979 (7) TMI 220

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.... of the Board of Revenue dated 4th February, 1975, for the assessment year 1971-72 in a suo motu revision of the order of the Appellate Assistant Commissioner.   The assessee returned a total turnover of Rs. 17,308.17 for the assessment year 1971-72. The assessing officer rejected the amount as incorrect and incomplete and determined the total and taxable turnover to the best of his judgme....

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.... in accordance with the provisions of section 3(1) of the Act. It is this order of the Revenue Board that is now challenged in the present appeal. Section 7 of the Tamil Nadu General Sales Tax Act provides for payment of tax at compounded rates. Notwithstanding anything contained in subsection (1) of section 3, every dealer, whose turnover was not less than the minimum turnover assessable but n....

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....this year also, provided that the permission granted by the assessing officer under sub-section (2) should continue in force so long as the dealer is eligible to be assessed under the section and has not withdrawn his option to be so assessed. As far as this case is concerned, the learned counsel for the appellant submitted that the assessee had been given the benefit of section 7 in the prior yea....

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....be credited with the knowledge of the nuances of the sales tax law that by submitting returns in one particular form they can be taken to have exercised their power or right of withdrawal of option already exercised. The withdrawal of an option has to be by an overt act and has to be a conscious exercise of the rights available to him. Such conscious exercise of the rights available to the dealer ....