- (1.) The petitioner is a dealer under the provisions of the Punjab Value Added Tax Act, 2005 (for short, "the VAT Act"). As against the rate of tax specified in residual entry, i.e., 12.5 per cent a lower rate of 4 per cent has been specified against entry 88 of Schedule B which is as under : 88. Processed fruits, vegetables including fruit jams, jelly, pickle, fruit squash, paste, fruit drink and fruit juice (whether in sealed container or otherwise).
(2.) The above entry was introduced with effect from May 5, 2005.
(3.) The assessing authority issued notice (annexure P1) dated June 15, 2005, alleging that tax deposited by the assessee by invoking the said entry, was short-payment of tax due, as it was the residual entry which was applicable in the petitioner's case. The petitioner gave a reply to the notice, which was not accepted and the provisional assessment order was passed under Section 30 of the VAT Act, holding that entry 88 was not applicable.;