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2019 (12) TMI 1367 - HC - VAT and Sales TaxReconciliation of books - petitioner submits that the reconciliation exercise could not be completed since the case was to be listed on 26.11.2019 - HELD THAT - Considering the fact that there has been substantial progress and the reconciliation exercise has resulted in reduction of tax exposure drastically, the impugned orders can be set aside and the case may be remitted back to the respondent to pass a fresh order denovo after taking into account of the outcome of the reconciliation exercise. Petition allowed by way of remand.
Issues:
Reconciliation of tax liability and documents for assessment year 2015-16. Analysis: The High Court of Madras heard the counsel for the petitioner and the Additional Government Pleader for the respondent regarding the reconciliation of tax liability and documents for the assessment year 2015-16. The court noted that the petitioner had appeared before the Deputy Commissioner and was able to reconcile a significant amount towards the tax liability, reducing the dispute amount. The Additional Government Pleader confirmed the reconciliation and filed a communication supporting the same. The petitioner's counsel expressed the need for additional sessions to complete the reconciliation due to the voluminous nature of the documents. Considering the substantial progress made in reconciliation and the drastic reduction in tax exposure, the court decided to set aside the impugned orders and remit the case back to the respondent for a fresh assessment. The court directed the petitioner and the officer to complete the reconciliation exercise within three months and submit a report. The respondent was instructed to pass a speaking order within three months thereafter, allowing the petitioner to make further submissions on merits. The writ petitions were disposed of by way of remand to the respondent with the specified directions, without any costs. The connected miscellaneous petition was closed as a consequence of the judgment. The court's decision aimed to facilitate a fair and thorough assessment process based on the outcome of the reconciliation exercise, ensuring proper consideration of all relevant documents and tax liabilities for the specified assessment year.
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