1997 (8) TMI 493 - HC - VAT and Sales Tax

Summary

Issues:
1. Whether the assessing officer has the power to reopen an assessment for rectification of an error apparent on the face of the records after the deletion of sub-rule (9) of rule 5 of the Central Sales Tax (Madras) Rules, 1957?
2. Whether "E-1" and "C" forms filed long after the original assessment can be considered in rectifying the assessment?

Analysis:

Issue 1:
The judgment discusses the deletion of sub-rule (9) of rule 5 of the CST (M) Rules, 1957 and its impact on the assessing officer's power to rectify errors. The court examines the provisions of section 55 of the Tamil Nadu General Sales Tax Act, 1959 (TNGST Act) and sub-section (2) of section 9 of the Central Sales Tax Act, 1956 (CST Act). It concludes that the assessing officer retains the power to rectify errors under the TNGST Act, despite the deletion of the rule. The judgment sets aside the finding that the assessing officer lacks the authority to reopen assessments for rectification, based on the above analysis.

Issue 2:
Regarding the consideration of "E-1" and "C" forms filed after the original assessment, the court clarifies that in rectification proceedings under the TNGST Act, no notice is required for rectification unless it enhances the assessment or penalty. The judgment emphasizes that the rectification sought in this case benefits the assessee by reducing the assessment, not enhancing it. Therefore, the notice issued by the assessing officer was deemed unnecessary, and the forms filed post-assessment cannot be considered in rectification proceedings. The court rules that the relief sought by the assessee based on these forms is not permissible in rectification proceedings.

In conclusion, the judgment allows the appeal partially, ordering the restoration of the assessing officer's revised assessment that considered the "C" and "E-1" forms filed before the original assessment. No costs are awarded in this matter.