STATE OF KARNATAKA Vs. BINARY SYSTEMS PVT LTD

JUDGEMENT

(1.) THESE petitions are against the order passed on 3. 8. 2000 by the Karnataka Appellate Tribunal in STA No. 130 and 131/1998.

(2.) BRIEFLY stated the facts are; the respondent -assessee is a dealer registered under the provisions of the Karnataka Sales Tax act and also the Central Sales Tax Act. It is a dealer in computers and computer peripherals. It's sales are second or the subsequent sales. For the assessment year 1994-95, the Assessing authority had completed the assessment proceedings and had not levied the turnover tax under section 6-B of the Act. For the assessment year 1995-96, on the declared turnover of the dealer in computers and computer peripherals, the Assessing Authority had levied the turnover tax at the rate of 1%. By initiating re-assessment proceedings for the assessment year 1994-95, the Assessing authority had revised his earlier order of assessment and had levied the turnover tax at the rate of 1%. While framing the re-assessment order, the Assessing Authority had also levied certain penalties under the Act. Aggrieved by that order, the petitioner had preferred an appeal before the First Appellate Authority. The Appellate Authority partly allowed the appeal by deleting the levy of penalty imposed by the Assessing Authority.

(3.) AGGRIEVED by the order made by the First Appellate Authority, petitioner filed second appeals before the Karnataka Appellate Tribunal, Bangalore, in STA Nos. 130 and 131/1998. The tribunal by its order dated 3. 08. 2000 has allowed the appeals and has set aside the orders made by the Assessing Authority.