2001 (7) TMI 1248 - AT - VAT and Sales Tax

Summary

Issues involved:
1. Quashing of the order of the Deputy Commissioner of Commercial Taxes
2. Seeking exemption on transactions related to printing works contract
3. Interpretation of Section 55 of the Tamil Nadu General Sales Tax Act, 1959
4. Rectification of errors apparent on the face of the record
5. Correct course of action post disposal of appeal

Analysis:

1. The transfer petitions sought to quash the Deputy Commissioner's order dated July 14, 1995, and connected proceedings from August 4, 1995. The Deputy Commissioner rejected revision petitions advising to seek other remedies. The petitioners requested hearings, but the Deputy Commissioner maintained that only non-appealable orders could be contested under section 33 of the Act. The Tribunal found the rejection unwarranted, setting aside the Deputy Commissioner's orders for further review.

2. The petitioners wanted exemption on printing works contract transactions. Appeals were made to the Appellate Assistant Commissioner, who dismissed them in 1995. The assessing authority suggested filing a second appeal to the Appellate Tribunal under the Act. The Deputy Commissioner was approached to set aside the original assessment proceedings. The Tribunal noted the proper course of action post-appeal dismissal and directed the Deputy Commissioner to consider rectification requests under section 55 of the Act.

3. Section 55 of the Act allows rectification of errors by the assessing authority within five years of the order, with notice and hearing provisions. The Tribunal clarified that post-appeal disposal, rectification could not be done by the assessing authority. If a petition under section 55 is rejected, the assessee can file a revision under section 33. The Tribunal emphasized the correct procedure for rectification under section 55 and directed the Deputy Commissioner to review the petitions accordingly.

4. The Tribunal highlighted the distinction between rectification under section 55 and the proper course of action post-appeal dismissal. It emphasized the need for adherence to the statutory provisions and the hierarchy of authorities for rectification requests. The Tribunal's decision aimed to ensure a fair and lawful assessment process in line with the Act's provisions and established legal principles.

5. The Tribunal concluded by setting aside the Deputy Commissioner's orders and directing a review of the petitions in accordance with the law. The order was to be observed by all concerned parties. The detailed analysis of the issues involved in the judgment provided clarity on the legal interpretations and procedural requirements under the Tamil Nadu General Sales Tax Act, 1959.