2001 (4) TMI 902 - AT - VAT and Sales Tax

Summary

Issues:
1. Reopening of assessment under section 14 of the Tamil Nadu General Sales Tax Act.
2. Violation of principles of natural justice in passing the assessment orders.

Issue 1: Reopening of assessment under section 14 of the Tamil Nadu General Sales Tax Act
The petitioner sought to set aside the assessment orders and direct the reopening of assessment under section 14 of the Act. The petitioner reported a total turnover but failed to produce accounts despite multiple opportunities, leading to a best judgment pre-assessment notice proposing disallowance of exemption. The assessing authority declined to reopen the assessment under section 14, stating that the submission of the revised return was not beyond the petitioner's control. The Tribunal analyzed the provisions of section 14, emphasizing that reopening is permissible only if the failure to submit the return was beyond the control of the assessee. As the best judgment assessment was due to the petitioner's failure to produce accounts, the Tribunal upheld the assessing authority's decision, finding no erroneous application of law. The petitioner was advised to pursue statutory remedies before the first appellate authority, leading to the dismissal of the original petition.

Issue 2: Violation of principles of natural justice in passing the assessment orders
The petitioner argued a violation of natural justice principles, contending that the assessment orders were passed without giving a reasonable opportunity and disregarded directions clarifying transactions as works contract. The Tribunal examined the timeline of events, noting the petitioner's repeated requests for adjournments without producing accounts. The Tribunal found that the final assessment order was issued after providing ample opportunities to present records, indicating no breach of natural justice. The Tribunal highlighted the availability of statutory remedies against assessment orders and emphasized the importance of approaching the first appellate authority before seeking alternative remedies. Consequently, the Tribunal dismissed the original petition, allowing the petitioner to pursue remedies through the appropriate channels. The Tribunal also directed the deduction of time spent in pursuing the original petition for calculating the period of limitation for filing a statutory appeal, ensuring procedural fairness and adherence to legal requirements.