2003 (5) TMI 482

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.... Returns were submitted and details were furnished to the first respondent. The first respondent proposed action to complete the assessment of the petitioner for a normal assessment without reference to composition application. The second respondent issued a notification dated December 19, 1996 thereby total exemption was extended on the turnover involved in the execution of works contract relating to Information Technology Park Limited. 2.. A writ petition was filed by the petitioner on an earlier occasion. In the light of the order of this Court in the writ petition, the first respondent issued proposition notice in Form 31-A proposing the composition tax at 4 per cent on the consideration received on the execution of works contract fr....

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....nder:   "17(6)(i) Notwithstanding anything contained in section 5-B, but subject to such conditions and in such circumstances as may be prescribed, the assessing authority of the area may, if a dealer liable to tax under section 5-B so elects, accept in lieu of the amount of tax payable by him during the year under this Act, by way of composition an amount on the total consideration for the works contracts executed by him in that year in the State in respect of works contract specified in column (2) of the Sixth Schedule at rates specified in the corresponding entries in column (4) of the said Schedule. (ii) Any dealer may apply to the assessing authority to be permitted to pay the amount under clause (i) and, on being so permitt....

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....also for an year, the charge is created annually, but if the charging section itself is not in force during part of that year, the liability ceases from the date the exemption is granted. In view of this interpretation, the assessment order dated April 22, 1997 is quashed. The assessing authority will proceed to frame the assessment de novo in the light of the observation made above." 9.. This Court categorically ruled that the charge that is created comes to an end, the moment exemption is granted. This Court has further ruled that the unit of assessment is also for an year, the charge is created annually and therefore, the liability ceases from the date of exemption in terms of the Act. The said case is applicable to the facts of this ....