TaxTMI 
TaxTMI 
1979 (7) TMI 233
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....gold, the question arose whether the turnover from it was liable to be assessed under item 56 of the First Schedule of the Sales Tax Act at the rate of 1 per cent or at the rate sanctioned by section 5 of the Act, viz., 3 per cent (it was actually 3½ per cent at the relevant time). On this question, the Sales Tax Officer and the Appellate Assistant Commissioner concurred in holding that the assessee was liable to be assessed under section 5 at 3J per cent. There was a further appeal by the assessee to the Sales Tax Appellate Tribunal. One of the points agitated before the Tribunal was whether the assessment which was made on best of judgment could be supported with respect to the percentage of addition directed to be made to the turn....
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....on 5(2): "5. Levy of tax on sale or purchase of goods.-(1)....................... (2) Every dealer other than a dealer referred to in sub-section (1) whose total turnover for a year in respect of the goods specified in the First or Second Schedule is not less than ten thousand rupees shall pay tax at the rate and only at the point specified against the goods in the First or Second Schedule, as the case may be, on his taxable turnover in that year relating to such goods: Provided that where a tax has been levied under sub-section (1) or subsection (2) of this section or under section 5A in respect of the sale or purchase of goods specified in the Second Schedule and such goods are sold in the course of inter-State trade or co....
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....om the date on which the order was served on him in the manner prescribed, appeal against such order to the Appellate Tribunal: Provided that the Appellate Tribunal may admit an appeal presented after the expiration of the said period if it is satisfied that the appellant had sufficient cause for not presenting the appeal within the said period. (2) The officer authorised under sub-section (1) or the person against whom an appeal has been preferred, as the case may be, on receipt of notice that an appeal against the order of the Appellate Assistant Commissioner has been preferred under sub-section (1) by the other party, may, notwithstanding that he has not appealed against such order or any part thereof, file, within thirty days of t....
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....against the order of the High Court thereon is pending, the Appellate Tribunal may defer the hearing of the appeal before it, till such revision petition in the High Court or the appeal in the Supreme Court is disposed of. (5) Where as a result of the appeal any change becomes necessary in the order appealed against, the Appellate Tribunal may authorise the assessing authority to amend such order accordingly and on such amendment being made any amount overpaid by the appellant shall be refunded to him or the further amount of tax, if any, due from him shall be collected in accordance with the provisions of this Act. (6) Notwithstanding that an appeal has been preferred under sub-section (1), the tax shall be paid in accordance with th....