1989 (1) TMI 348

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....e point of purchase by the last dealer who buys in the State at the rate of 3 per cent. The respondent is a dealer in mica. He submitted a return for the assessment year 1971-72, showing a gross turnover of Rs. 1,55,661.50. Out of it he claimed exemption in respect of Rs. 163.65, the balance being shown as net turnover. The Deputy Commercial Tax Officer accepted the turnover, but his order was rev....

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.... Commissioner erred in altering the mode of computation of turnover followed by the department throughout. His case was that the Deputy Commissioner ought to have excluded the turnover which formed part of the closing stock of the preceding assessment year and had been subjected to tax during the said preceding assessment year, viz., 1970-71 as per the system followed by the department througho....

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....t the principle enunciated by the Deputy Commissioner was the correct one. Having regard to entry 6 in the Second Schedule to the Act relating to mica, taxing of closing stock in that assessment year is based on no principle; but as pointed out by the Tribunal, having regard to the practice that was being followed by the department, the change in the principle would result in double taxation which....