2011 (10) TMI 555

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.... For the Respondent : Ms. Hemalatha The order of the court was made by P. JYOTHIMANI J.-The issue involved in this case is admittedly covered by the judgment of the Division Bench of this court in State of Tamil Nadu v. National Time Co. [2011] 39 VST 247 (Mad). The issue relates to the year to be bifurcated and unamended provision to be applied for the period prior to the amendment to the ....

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....the period up to July 31, 1996, if the taxable turnover was Rs. 50 lakhs, for the first ten lakhs of rupees, there would be no additional tax liability, for the rest forty lakhs of rupees, the liability by way of additional tax should be calculated at the rate of 1.5 per cent. and if for the whole of the financial year, the taxable turnover exceeded Rs. 100 crores, for the remaining amount of Rs. ....

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.... necessity to make any further calculation for the period beyond July 31, 1996. The assessing authority calculated the additional sales tax at the rate of two per cent. on the taxable turnover for the whole of the year. 18. The learned Special Government Pleader fairly pointed out that since the unamended provision was very much in force up to July 31, 1996, the calculation of additional sales ....

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....e up to that date, viz., July 31, 1996. 19. Having regard to the said position, the impugned order of the Tribunal as well as that of the assessing authority are liable to be set aside. While setting aside the order of the assessing authority, we direct the assessing authority to pass fresh orders by keeping the taxable turnover of the respondent-assessee up to July 31, 1996 in a sum of Rs. 54,....