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2021 (10) TMI 1418 - MADRAS HIGH COURTValidity of impugned revised assessment under Section 27 of the TNVAT Act - barred by time limitation or not - HELD THAT:- Here in the case in hand, admittedly, return has been filed by the petitioner/dealer on and before 31st October 2013, since it is a succeeding year for the assessment year 2012-2013. Since, no notice has been issued on the alleged reason that the return has not been filed in the prescribed form by the petitioner/dealer and 31st day of October 2013, also passed, on such date, the deeming provision has to be given effect to and accordingly, the petitioner has to be treated as deemed assessee for the year 2012-2013. Once the dealer is assessed under the deeming provision and under Sub Section 2 of Section 22 of the TNVAT Act, then, whether there can be any scope for the Assessing Authority to once again reassess it by invoking the Sub Section 4 of Section 22 of the TNVAT Act itself is a question - Once the deeming assessment is made, that can be treated as an assessment, but before the deeming assessment is made or accepted, Section 22(4) of the TNVAT Act can very well be invoked and in that case the dealer can be assessed to the best of its judgment by the Assessing Officer and if anything is done under Section 22(4) of the TNVAT Act before 31st October of the succeeding year of the concerned assessment year, then the re-assessment order or the assessment order made under Section 22(4) of the TNVAT Act can be treated as assessment within the meaning of Section 2 (4-A) of the TNVAT Act and the limitation of six years under Section 27 (1) (a) of the TNVAT Act can also start from that assessment. Once a deeming provision comes into effect, for every assessment year, 31st October of the succeeding year is to be taken as a date where deeming provision comes into effect and every such return filed by the assessee within the time should be treated as a deemed assessment - before the expiry of the deeming assessment period, the revenue wanted to invoke the best judgment theory by invoking Section 22(4) of the TNVAT Act that would be possible for the revenue. However, once the deeming assessment is completed at the end of 31st October of the succeeding year, then that date shall be construed as an assessment date for the purpose of taking the limitation of six years for invoking the proceedings of revised assessment under Section 27 (1) (a) of the TNVAT Act. This Court has no hesitation to hold that the impugned assessment order is unsustainable and accordingly it is liable to be interfered with - Petition allowed.
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