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2014 (2) TMI 962

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....m running a Bar Hotel. The issue pertains to assessment of turn over tax for the year 2006-07. The petitioner had opted for compounding as provided under section 7 of the KGST Act (as amended). As per Ext.P3 a notice was issued to the petitioner proposing to finalise the assessment in accordance with the provisions of section 7, fixing the turn over at 140% of the purchase value of liquor. The pet....

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.... assessment following the procedure contemplated under section 7. It is submitted that in view of the instruction of the Commissioner which is binding on the assessing authority, the application for compounding submitted by the petitioner has become redundant. Further contention is that in Ext.P5 order the assessing authority has neither considered nor met with the contention raised in this regard....

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....150% of the highest turnover tax conceded with respect to the previous 3 consecutive years. But when calculating the turn over under the two alternate methods whichever is higher need be adopted. 4. It is evident that the methods of calculation provided under section 7(a) and 7(b) are on the alternative. The authority can fix the turn over by adopting the method as provided under sub section (a) ....

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....umstances I do not find any ground warranting interference of this court invoking jurisdiction under Article 226. However, if any statutory remedy is available against Ext.P5, liberty of the petitioner in that regard is reserved. 6. In the result the writ petition is dismissed reserving liberty of the petitioner if any available to challenge Ext.P5 in appropriate statutory proceedings. 7. Learne....