2016 (7) TMI 280 - HC - VAT and Sales Tax

The Writ Petitions were preferred on the ground that Pre Assessment Notices were not issued before ascertaining the turnover and passing final orders of assessment. The said contention is refuted by the Assessing Authority on the ground that the Pre Assessment Notices were issued to the petitioners and the same were returned with endorsement refused . - Held that - There are no extra-ordinary circumstances justifying the avoidance of appellate remedy. I am therefore of the view that the petitioner should approach the Appellate Authority. - Reasonable time given to file statutory appeals before the Jurisdictional Appellate Assessment Commissioner.

Summary

Issues:
Challenging assessment orders due to non-issuance of Pre Assessment Notices.

Analysis:
The judgment deals with multiple Writ Petitions challenging assessment orders for various assessment years based on the contention that Pre Assessment Notices were not issued before finalizing the assessments. The Assessing Authority argued that Pre Assessment Notices were indeed sent to the petitioners but were returned with a refusal endorsement. The court emphasized that the merits of the case, including the non-issuance of Pre Assessment Notices, need not be delved into as the impugned orders are appealable before the Appellate Authority. The petitioners were directed to pursue the statutory appeal remedy available to them, as no extraordinary circumstances justified bypassing the appellate process.

The court noted that the Writ Petitions were filed within the prescribed appeal period, and thus, granted the petitioners a reasonable extension to file statutory appeals before the Jurisdictional Appellate Assessment Commissioner. The petitioners were given until a specified date to submit their appeals. It was clarified that if the appeals were filed in compliance with statutory requirements, they would be considered on their merits without rejection solely on the basis of being time-barred.

Ultimately, the court disposed of the Writ Petitions with the direction for the petitioners to approach the appropriate Appellate Authority within the extended timeline provided. The judgment concluded by stating that no costs were to be imposed, and all related miscellaneous petitions were closed.