2021 (3) TMI 1307 - HC - VAT and Sales Tax

Validity of assessment order - Tamil Nadu Value Added Tax Act, 2006 - HELD THAT - A point raised in the order of assessment is that, with the resignation of the one of the two directors of the company, it stands automatically dissolved. Even assuming that this point was not put to the petitioner earlier, as the aforesaid observation is only incidental and merely to support the conclusion of the officer that the PG Renewables Pvt. Ltd. was not functioning or transacting during the period in question. The conclusion in the order of assessment is to the effect that has not produced any material in support of its contentions either by way of receipts or contemporaneous material. This is a question of fact. There are no o legal flaw or fallacy in the impugned order warranting interference under Article 226 of the Constitution of India - petition dismissed.

Summary

Issues: Challenge to assessment order under Tamil Nadu Value Added Tax Act, 2006 for the period 2015-16 based on violation of principles of natural justice, eligibility of input tax credit (ITC) on transactions with a defunct entity, sufficiency of opportunity for personal hearing, and dissolution of a company affecting its transactions.

Analysis:
1. The petitioner contested an assessment order dated 15.12.2020 under the Tamil Nadu Value Added Tax Act, 2006, for the period 2015-16, initiating the second round of litigation. The initial challenge to an assessment dated 24.01.2020 was disposed of on 08.10.2020 due to a violation of natural justice principles. The impugned assessment order was treated as a show cause notice, requiring the petitioner to file a preliminary reply within four weeks without further notice, followed by a de novo assessment if a timely response was received.

2. Following the preliminary reply dated 24.10.2020, a revision notice was issued on 29.10.2020, seeking details of remittance for input tax credit (ITC) claims related to transactions with a defunct entity, PG Renewables Pvt. Ltd. The petitioner argued the entity was operational during the transactions, justifying the ITC claim, while the revenue contended the entity was defunct since its registration on 01.03.2014, as evidenced by the cancellation of its registration certificate.

3. Subsequent communications and personal hearing notices were issued to the petitioner, requesting clarifications and evidence regarding the discrepancies between the petitioner's returns and the defunct entity's records. Despite responses from the petitioner, including reliance on legal precedents, a final show cause notice for assessment revision was issued on 27.11.2020, focusing on the production of supporting documents for outward movements of goods.

4. The petitioner's failure to produce lorry receipts or other evidence, coupled with the inability of the company directors to attend the personal hearing, led to the assessment order on 15.12.2020. The order highlighted the automatic dissolution of the company due to a director's resignation, concluding that the defunct entity did not provide sufficient evidence to support its contentions, thereby justifying the assessment decision.

5. The High Court dismissed the writ petition, emphasizing the adequate opportunities provided for a personal hearing and the absence of legal flaws in the assessment order. The court upheld the conclusion that the defunct entity failed to substantiate its claims with material evidence, affirming the assessment's factual basis and denying any grounds for interference under Article 226 of the Constitution of India. The connected miscellaneous petition was closed without costs.