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2021 (3) TMI 891

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....62 & 30163 of 2004 - -<br>CST, VAT & Sales Tax<br>THE HONOURABLE MR. JUSTICE T. S. SIVAGNANAM And The HONOURABLE MS.JUSTICE R. N. MANJULA For the Petitioner : Mr. P. Rajkumar For the Respondents : Mr. Mohammed Shaffiq , SGP ORDER ( Order of the Court was made by T. S. SIVAGNANAM , J ) We have heard Mr.P.Rajkumar, learned counsel for the petitioner and Mr.Mohammed Shaffiq, learned Special G....

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....f Rs. 46,65,038/- at 10%. 4. Though the petitioner claimed that they had to be taxed at 3.6%, the Assessing Officer, the First Appellate Authority and the Tribunal rejected the stand taken by the assessee on the ground that the local rate of tax on the goods dealt with by the petitioner was 3% and after adding surcharge and additional sales tax, the rate of tax would come to 5.1% and since this r....

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.... and clarified by the Special Commissioner and Commissioner of CT, vide circular dated 29.4.1993. The relevant portions of the said circular read thus : "(c) C/D form not produced and goods are not declared goods : Here, under Section 8(2)(b), the rate shall be the local rate or a flat 10% whichever is higher. This means the local rate has to be calculated and compared with 10% and whichever ....

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....arge @ 5% : 0.15 Additional sales tax : 1.50 Total : &nbsp;5.10 Since 5.10 is higher than 4%, the central sales tax rate will be a flat 10%, the entire amount of which can be passed on. Example 3 : Basic TNGST rate is 8%, the company is a large company with turnover equivalent to additional sales tax 1.5%, then local tax is Basic TNGST Rate : 8.00 Surcharge @ 15% : 1.20 Ad....