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1. Fifty per cent of the estimated amount of composition fee shall be deposited up to 15th of August, 2005 failing which it could be deposited on such terms and conditions with interest as provided in clause-3.
2. It further gives the option to such dealers, who fail to apply up to 15th of August, 2005, to file a composition application up to 15th of September, 2005 subject to fulfilment of the conditions made therein.
3. It further provides that the composition application can be filed along with late payment of fee up to 15th of October, 2005 subject to the fulfilment of other conditions mentioned therein.
The main crux of the petitioner's argument is that the petitioner had applied for composition through the application dated 25th of August, 2005 and had deposited the requisite amount as per the terms of the scheme on various dates such as 13th September, 2005, 14th September, 2005, 8the December, 2005 and 10th of January, 2006. The submission is that the State Government for the first time made it public that due to insufficient number of dealers opting for composition scheme, it decided to discontinue or cancel the scheme for the first time after about three years from the promulgation of scheme, on 5th of May, 2008. The petitioner had deposited the composition money in lieu of tax as contemplated under section 7-D of the Act. The submission is that "the tax admittedly payable means the tax which is payable under this Act on the turnover of sales or, as the case may be, the turnover of purchase, or both" used in the Explanation to section 8(1) of the Act should be read in conjunction with the phrase "Assessing Officer may agree to accept the composition money either in lump-sum or at an agreed rate of his turnover in lieu of tax that may be payable by a dealer.........................." The submission is that both the provisions should be construed harmoniously. The amount deposited by a dealer under section 7-D "in lieu of tax will be the admitted tax payable by the such dealer."