1997 (8) TMI 489 - HC - VAT and Sales Tax

Summary

Issues involved: The jurisdiction of the Tribunal to entertain an appeal against the order of an authority declining rectification.

Summary:
The High Court of Madras considered a revision filed by the State against the Tamil Nadu Sales Tax Appellate Tribunal's order regarding the rejection of an application for rectification by the assessee for the assessment year 1980-81. The assessee had claimed that certain "C" forms were not considered in the assessment and sought rectification. The Tribunal directed the assessing officer to pass a fresh assessment order based on the "C" forms produced by the assessee.

The Government Advocate argued that the Tribunal exceeded its jurisdiction by entertaining the appeal against the authority's refusal to rectify the order, citing Section 55(4) of the Tamil Nadu General Sales Tax Act which deals with rectification of errors apparent on the face of the record.

The Court explained that the power to rectify errors is meant to correct mistakes on the face of the record, allowing both the assessee and the Revenue to seek rectification within five years from the original order. This power is in addition to the provisions for appeal and revision, providing a limited right to seek correction of errors without filing an appeal or revision.

The Court emphasized that if an authority declines to correct errors, the original order stands, and the right to seek rectification is not a right to file an appeal or revision against the refusal. The statute aims for finality and does not allow parties to re-agitate matters after they have become final.

Consequently, the Tribunal erred in entertaining the appeal against the Appellate Assistant Commissioner's decision to reject rectification. The Court set aside the Tribunal's order and allowed the revision petition.