1995 (6) TMI 187

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....r is an arrack shop contractor (licensee). During 1993-94 admittedly he had opted for the benefit under section 7(14) of the Kerala General Sales Tax Act, 1963. The sub-section gives option to the assessee to pay tax in accordance with clause (v) of section 5 or at 40 per cent of the rental amount payable by him under the Abkari Act for the licence, less tax paid for the purchase of arrack on the ....

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.... that on November 4, 1993, the first respondent had accepted the application filed by the petitioner for compounding of tax and accordingly exhibit P1 order was issued. It was on December 4, 1993, that the petitioner submitted exhibit P2 letter to exempt him from compounding of tax. Petitioner's contention is that without giving any reply to exhibit P2 the second respondent at the initiative of th....

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....urnover would come to only Rs. 20,18,600. The sales tax due for the seven months at 12.5 per cent comes to Rs. 2,52,325." 3.. It has to be considered whether an assessee who has agreed to pay tax under section 7(14) can back out and insist upon assessment of tax in the regular manner. There is no provision under the Act to enable an assessee who has agreed to pay tax as provided under section 7....

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....ase of arrack for each month in accordance with the provisions of sub-section (14). The above plea is too technical to deserve acceptance. As the tax to be paid by the assessee is definite being 40 per cent of the kist amount and to be paid in monthly instalments he certainly knew of the consequences when he agreed to the compounding. Even in the absence of the prescribed form assessee could have ....