2001 (11) TMI 999 - AT - VAT and Sales Tax

Summary

Issues:
1. Setting aside the assessment order for the year 1998-99
2. Setting aside the pre-assessment notice for the period from April 1999 to January 2000

Analysis:

1. The petitioner contended that he retired from a partnership in 1996 and informed the department accordingly. Despite this, the Revenue treated him as a partner for the years 1998-99 and 1999-2000, leading to an illegal assessment. The counsel argued that the action taken by the Revenue was unjustified, and the assessment order and notice should be quashed. However, the Senior Standing Counsel argued that no formal intimation of retirement from the partnership was given to the assessing authority, as required by Rule 42 of the Tamil Nadu General Sales Tax Rules, 1959. The counsel produced assessment records to support this claim.

2. The Tribunal reviewed the contentions and records. It noted that the relevant rule, Rule 42, mandates the partners to report the dissolution of a partnership to the assessing authority within 30 days. Upon reviewing the assessment files, it was revealed that returns were filed by the managing partner for specific years and as a proprietor for subsequent years. Despite the petitioner's communication about his retirement, the assessing authority failed to investigate the actual date of retirement. Referring to a previous case, the Tribunal emphasized the importance of complying with Rule 42 and directed the assessing authority to take appropriate action against the person conducting the business.

3. Applying the principles from the previous case, the Tribunal concluded that the business was conducted as a proprietorship for the years 1998-99 and 1999-2000, not as a partnership as in earlier years. The assessment order treating the business as a partnership and the subsequent notice were deemed improper. Consequently, the Tribunal set aside the order and notice, remanding the matter to the assessing authority to assess the individual who conducted the business as a proprietor in accordance with the law. The original petitions were disposed of accordingly, with the Tribunal's order to be punctually observed and executed by all concerned.