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2018 (1) TMI 1492 - HC - VAT and Sales TaxRevision of assessment - TNGST Act - time limitation - HELD THAT - The revision of assessment could have been made if proceedings had been initiated prior to 09.08.2012. In the instant case, even the first of revision notice was issued on 27.03.2013. Thus, the impugned revision of assessment exercising power under Section 16(1) of the TNGST Act is barred by limitation. Petition allowed.
Issues:
Challenge to assessment order under TNGST Act for the year 2005-2006 on grounds of limitation. Analysis: The petitioner challenged the assessment order dated 03.06.2013 for the assessment year 2005-2006 under the Tamil Nadu General Sales Tax Act, 1959 (TNGST Act) on the basis of being barred by limitation. The petitioner contended that the order was beyond the prescribed time limit for revision of assessment. Section 16 of the TNGST Act governs assessment of escaped turnover, allowing revision within five years from the date of the final assessment. The final assessment order in this case was dated 10.08.2007, making the deadline for revision 09.08.2012. However, the first revision notice was issued on 27.03.2013, well after the deadline. Consequently, the revision of assessment under Section 16(1) of the TNGST Act was deemed time-barred. The Court allowed the writ petition, quashed the impugned order, and closed the connected Miscellaneous Petition without costs. This judgment highlights the importance of adhering to statutory time limits for revision of assessments under the TNGST Act. The Court emphasized that the revision of assessment must be initiated within the prescribed period of five years from the date of the final assessment to be considered valid. Failure to comply with this time limit renders the revision of assessment barred by limitation, as demonstrated in this case where the revision notice was issued after the statutory deadline had lapsed. The decision underscores the significance of procedural compliance and adherence to legal timelines in matters of tax assessment under the TNGST Act to ensure the validity and enforceability of such revisions.
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