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2019 (2) TMI 133

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....GH COURT - HC (Judgement / Order / Decisions)<br>Dated:- 29-1-2019<br>W. P (C). No. 10763 of 2007 - -<br>CST, VAT & Sales Tax<br>MR K. VINOD CHANDRAN AND MR ASHOK MENON, JJ. For The Petitioners : ADVS. DR. K. B. MUHAMED KUTTY (SR. ) AND SRI. K. M. FIROZ For The Respondents : SRI.MOHAMMED RAFIQ, SENIOR GOVT.PLEADER JUDGMENT Vinod Chandran, J. The issue arising in this case is as to ....

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....ive percent of the purchase value of such liquor, in the case of those situated in any other place or, (b) at one hundred and fifteen percent of the highest turnover tax payable by it as conceded in the return or accounts or the turnover tax paid for any of the previous consecutive three years, whichever is higher". 2. The question raised is as to whether the assessee has an option to ....

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.... to be applied by first, computing the purchase value of liquor sold in the year at 140% and then taking 115% of the highest turnover payable for any preceding three years. The higher of these had to be applied as the compounded tax in the year for a particular assessee. The assessee claimed that since the amendment was introduced in the midst of the financial year, the same cannot be applied from....