2004 (6) TMI 596

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.... his option of composition of payment of tax at the rate of 4 per cent of the total turnover. The normal rate of tax at the relevant point of time was 6 per cent and in terms of section 5-F of the Act, if a dealer applied for composition, he was required to pay 4 per cent of the total turnover as tax under section 5-G of the Act. To get the concession of paying at the rate of 4 per cent as against 6 per cent under section 5-F, under rule 6-B of the Andhra Pradesh General Sales Tax Rules, a dealer is supposed to make an application to exercise his option within 30 days from the date of commencement of the business or within 30 days from the commencement of the financial year. Admittedly, the petitioner did not exercise his option within the ....

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....may be: Provided that the assessing authority having jurisdiction may on sufficient cause and for reasons to be recorded in writing condone the delay in respect of application received after expiry of thirty days from commencement of the year or after the expiry of thirty days from the date of commencement of business as the case may be. However, the delay condoned shall not exceed sixty days and delay shall be condoned within a period of ninety days from the date of commencement of such year or the business, as the case may be. (2)(i) The assessing authority concerned, after conducting such verification as may be necessary permit such dealer, subject to the conditions specified in sub-rule (1), to pay in lieu of the amount of tax ....