2018 (4) TMI 2 - HC - VAT and Sales Tax

Principles of Natural Justice - the petitioner was not granted clear 15 days time to submit its objection - cancellation of registration certificate - Held that - the petitioner did not have opportunity to produce any record to establish that the cancellation of the registration of the selling dealer was with retrospective effect. Thus, this Court is of the view that the respondent could have afforded reasonable opportunity to the petitioner before finalizing the assessment as has been done by virtue of the impugned order - petition disposed off.

Summary

Issues:
Challenge to assessment order under TNVAT Act, 2006 for the assessment year 2012-13 based on violation of natural justice principles and retrospective cancellation of registration of a selling dealer.

Analysis:
The petitioner, a registered dealer under the TNVAT Act, challenged the assessment order for the year 2012-13 on two main grounds. Firstly, the petitioner claimed a violation of natural justice principles as they were not given a clear 15 days to submit objections. Secondly, the petitioner contested the purchases made from a dealer whose registration was cancelled with retrospective effect. The pre-revision notice was not served on the petitioner, and the subsequent notice was received late, not allowing the petitioner the full 15 days for response as required by law.

The High Court noted that the petitioner was not given a fair opportunity to establish the retrospective cancellation of the selling dealer's registration. The Court opined that the respondent should have provided a reasonable opportunity to the petitioner before finalizing the assessment, especially considering the impending closure of the financial year. Consequently, the Court directed the petitioner to treat the assessment proceedings as a show cause notice, allowing them 15 days to submit objections and requiring the respondent to conduct a thorough verification regarding the cancellation of the dealer's registration.

In light of the Court's direction, the respondent was prohibited from taking any coercive action regarding the tax and penalties specified in the impugned order. The writ petition was disposed of without costs, and all related miscellaneous petitions were closed. The judgment aimed to ensure procedural fairness and proper assessment in accordance with the law, emphasizing the importance of providing adequate opportunities for the petitioner to present their case and address the grounds of challenge effectively.