2009 (8) TMI 1082 - HC - VAT and Sales Tax

Summary

Issues involved: Assessment u/s 22(2) of TN VAT Act, 2006 exceeding Rs. 50 lakhs, notice u/s 22(4) & 22(5) for revision of assessment, scope for filing revised return u/s 22(6)(a).

The petitioner was assessed on a total and taxable turnover exceeding Rs. 50 lakhs u/s 22(2) of the Tamil Nadu Value Added Tax Act, 2006 for the year 2007-08. The assessment was based on self-assessment by the petitioner, despite filing revised returns on October 13, 2008. Subsequently, a notice u/s 22(4) and 22(5) was issued proposing revision of assessment due to incorrect tax payment, as turnover exceeded Rs. 50 lakhs, leading to the present writ petition.

The petitioner challenged a notice stating no provision for filing revised return under TN VAT Act, 2006, despite the scope under section 22(6)(a) allowing for reassessment with a correct and complete return. The provision enables the assessee to apply for reassessment post initial assessment, indicating that a revised return is permissible under the Act. The assessing authority was directed to consider the revised return and objections submitted by the petitioner to avoid vulnerability of the assessment order.

The writ petition was disposed of, allowing the petitioner to file objections to the notice within two weeks. The respondent was instructed to examine the objections as per section 22(6)(a) and conduct reassessment within four weeks of receiving the objections. No costs were awarded, and connected miscellaneous petitions were closed.