TaxTMI 
TaxTMI 
1998 (2) TMI 553
X X X X Extracts X X X X
X X X X Extracts X X X X
....d that this assessment was made on extraneous consideration as the said stock did not acquire the character of the last purchase. The revisional order at annexure III against the order of assessment is also challenged. 2.. By the impugned order of assessment a further demand to the tune of Rs. 16,706 being Rs. 15,072 on account of tax and Rs. 1,634 on account of interest was made in addition to the admitted tax already paid to the extent of Rs. 11,676. 3.. There was a revision before the Joint Commissioner of Taxes, Assam and the Joint Commissioner by order dated October 23, 1994 rejected the revision. The order of assessment is annexure I to the writ application and the order of revision is annexure III to the writ application. 4.....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e under section 8(3) of the Act. 5.. I have heard Shri G.K. Joshi, learned Advocate for the petitioner and Shri K.H. Choudhury, learned Advocate for the respondents. An affidavit-inopposition has been filed on behalf of the respondents and an affidavit-in-reply has been filed on behalf of the petitioner. Shri Joshi contended as follows: (1) Stock and purchase of paddy which did not acquire the character of last purchase and is not liable to be taxed under the provisions of section 3(A) of the Act. It cannot be deemed to be turnover. (2) The question of onus which was raised in the order of revision was not considered by the assessment authority and the revisional authority unnecessarily considered the question of onus. Onus was duly d....
X X X X Extracts X X X X
X X X X Extracts X X X X
....Sales Tax Act, 1993 all the purchases of paddy including stocks remained unmilled till June' 93 must be taken for assessment of tax in this period. There is no scope for assessment hereafter. The dealer's contention of liability to tax only on the amount of paddy milled is not tenable and hence not acceptable. It is because in such a case huge amounts of taxable purchases will escape assessment resulting considerable loss of revenue." 8.. The assessing authority was of the view that all the purchase of paddy including stock remained unmilled till June, 1993 must be taken into consideration by the assessing authority for calculating the tax payable. There is no scope for assessment thereafter as because the Act itself was repealed. It was....
X X X X Extracts X X X X
X X X X Extracts X X X X
..... If that is so, he argues, then what happens in subsequent years cannot be taken into consideration for determining the taxability of any purchase inside the State of declared goods. He says that the taxable event is the last purchase in the State during the assessment year and if stocks are held at the end of the assessment year it follows that the assessee holding the stocks is the last purchaser in the State. In our opinion, this reasoning is fallacious. It is true that sections 3 and 4 speak of "a year", i.e., the financial year, and it is only the turnover during that year that is liable to taxation in the hands of the assessee, but section 4 has to be read with the Second Schedule, and reading section 4 with the Second Sche....