2007 (8) TMI 698 - HC - VAT and Sales Tax

Concealment or suppression of tax liability - show cause notice - Held that - Since the amended section and rule stated do not take away the right of the assessing officer to examine the returns, the contention of the petitioner that the returns have to be accepted automatically cannot be countenanced. As against the show-cause notice, it is always open to the petitioner to submit, whatever points which are raised in this writ petition, in the form of their objections, within a period of two weeks from the date of receipt of a copy of this order. On receipt of such objections, the assessing officer shall pass appropriate orders, taking into consideration section 12C of the Tamil Nadu General Sales Tax Act, 1959 read with rule 15(5E) of the Tamil Nadu General Sales Tax Rules, 1959.

Summary

Issues:
1. Classification of coconut shell powder under sales tax laws.
2. Validity of pre-assessment notice issued under the Central Sales Tax Act, 1956.
3. Interpretation of section 12C of the Tamil Nadu General Sales Tax Act, 1959.
4. Jurisdiction of the authority to issue show-cause notice after submission of monthly returns.

Classification of Coconut Shell Powder:
The petitioner, engaged in manufacturing coconut shell powder, highlighted the changes in classification under the Tamil Nadu General Sales Tax Act, 1959. Initially classified under entry No. 70, it was later included under different entries, ultimately being taxed under entry No. 45(ii) of the Third Schedule. The Commissioner's clarifications regarding the taxability of coconut shell powder at 12% under a specific entry were emphasized.

Validity of Pre-Assessment Notice:
The respondent issued a pre-assessment notice proposing to reject the returns and fix the turnover for the years 2004-05, along with levying penalties. The petitioner argued that as returns were submitted within the prescribed date, the authority lacked jurisdiction to issue the notice. The petitioner contended that no attempt to conceal tax liability was made and objected to the notice's validity.

Interpretation of Section 12C:
Section 12C of the Act, introduced in 2006, outlined conditions for assessment based on returns and declarations furnished by a dealer. The assessing officer proposed to reject the returns based on clarifications regarding tax liability, emphasizing that the section did not eliminate the officer's power to verify returns.

Jurisdiction to Issue Show-Cause Notice:
The authority's jurisdiction to issue a show-cause notice post monthly return submission was challenged. The respondent argued that the assessing officer retained the right to verify returns despite the introduction of section 12C. The conditions for dealer satisfaction under rule 15(5E) were detailed, emphasizing the need for accurate returns and the authority's power to request supporting documents.

In conclusion, the Court highlighted that the amended section and rule did not negate the assessing officer's right to examine returns. The petitioner was directed to submit objections to the show-cause notice, and the assessing officer was instructed to consider the provisions of section 12C and rule 15(5E) while passing orders. The writ petition was disposed of with no costs, and the connected miscellaneous petition was closed.