2010 (7) TMI 1003 - HC - VAT and Sales Tax

Summary

Issues involved: Challenge to the correctness and sustainability of Ext.P7 notice proposing to revise assessment under Section 17D of KGST Act.

Summary:
The petitioner challenged Ext.P7 notice issued by the 1st respondent to revise the assessment finalized by the 2nd respondent/Fast Track Team u/s 17D of the KGST Act. The petitioner argued that since the assessment was finalized by the Fast Track Team through Ext.P2 order, the 1st respondent, being only one of the team members, lacked the authority to re-open the assessment. The Court, after considering the submissions, found merit in the petitioner's argument. It held that Ext.P7 issued by an officer of the Fast Track Team cannot override the effect of Ext.P2 order. Any variation to Ext.P2 could only be done by the Fast Track Team in accordance with the law. Therefore, Ext.P7 was set aside without expressing any opinion on the merits, allowing the 2nd respondent to take further steps if necessary under the relevant provisions of law.

The Court referred to a previous decision in Hindustan Petroleum Corporation Ltd. Vs. Assistant Commissioner, Commercial Taxes, Ernakulam, which explained the scope and applicability of Section 17D. The judgment clarified that the authority to vary Ext.P2 lies with the Fast Track Team and not with individual team members like the 1st respondent. The Court's decision in this case does not prevent the 2nd respondent from making any necessary variations to Ext.P2 in accordance with the law.