2016 (8) TMI 334 - HC - VAT and Sales Tax

Writ petition delay in filing appeal pleading for extension of time limit for filing appeal - Some mishaps in the family, since two of the directors had passed away. The petitioner s business itself had come to a standstill and they stopped all activities payment fully made by petitioner to the officials of the Enforcement Wing with a view to purchase peace and not to precipitate the matter further. Held that - writ petition disposed off. Liberty to petitioner to file appeal. If appeal made within 30 days, from the date of receipt of a copy of this order, the Appellate Authority shall entertain the appeals without reference to the question of limitation. It is made clear that whatever the amounts recovered from the petitioner towards tax liability by way of cheques taken by the officials of the Enforcement Wing, shall be taken as the amounts paid by the petitioner without prejudice to their rights and contentions in the appeals and the petitioner is entitled to canvass all the points decided in favor of petitioner.

Summary

Issues:
Challenge to assessment orders for multiple years under the Tamil Nadu Value Added Tax Act, 2006 due to alleged errors and discrepancies, including purchase from RC cancelled dealers and input tax credit availed, mismatch of annexures, and purchase suppression. Delay in submitting objections to pre-revision notices due to directors' deaths, resulting in a standstill of business activities. Enforcement Wing's visit pointing out errors, leading to the petitioner handing over cheques to settle tax liability. Dispute over the purpose of handing over cheques. Dispute over the timeline for filing appeals and the Appellate Authority's power to condone delays. Granting indulgence to the petitioner to file appeals despite delays and mishaps in the family.

Analysis:
The petitioner, a registered dealer under the Tamil Nadu Value Added Tax Act, challenged assessment orders for several years due to alleged errors and discrepancies, such as purchases from RC cancelled dealers and input tax credit availed, as well as mismatch of annexures and purchase suppression. The petitioner failed to submit objections to pre-revision notices promptly, citing the unfortunate deaths of two directors leading to a business standstill. Despite this, the Enforcement Wing highlighted errors during a visit, prompting the petitioner to hand over cheques to settle the tax liability, although the purpose of this action is disputed.

The Additional Government Pleader argued that the time for appeal had lapsed, and the Appellate Authority lacked the power to condone delays beyond 60 days, emphasizing the petitioner's alleged gross delay in filing the writ petitions. However, the court acknowledged the exceptional circumstances faced by the petitioner, including the family tragedies and business disruptions, leading to a grant of indulgence to file appeals before the Appellate Deputy Commissioner within 30 days without limitations on the timeline, given the full settlement of tax liability through cheque payments.

In conclusion, the court disposed of the writ petitions by allowing the petitioner to file appeals, ensuring the amounts paid towards tax liability through cheques are considered settled without prejudice to the petitioner's rights in the appeals. The judgment balanced the need for timely compliance with legal provisions and the recognition of the petitioner's challenges due to unforeseen circumstances, ultimately providing a pathway for the petitioner to address the disputed assessment orders before the Appellate Authority.