2018 (9) TMI 1709 - HC - VAT and Sales Tax

Revision of Assessment - C forms from the consignees were obtained after finalization of assessment - Held that - When the circular of the Commissioner of Commercial Taxes in Acts Cell-1/12975/2011, dated 28.02.2011, itself is in very clear terms that the Assessing Officers are empowered to accept the forms / certificates, even after passing final assessment orders and revise the assessments, the second respondent ought to have revised the subject assessment of the petitioner, by accepting the C forms . Since the submission of C form and acceptance thereon is not going to have an effect on the taxable turnover, as provided under the Act, this Court directs that the respondents, more particularly, the second respondent is to consider the representation of the petitioner, dated 27.04.2009 and accept the C form and thereafter, pass appropriate orders / revised assessment orders, on merits - petition allowed.

Summary

Issues:
Petitioner seeks Mandamus for assessment order revision based on late submission of 'C forms'; Respondents argue against revision due to time lapse and suggest appeal route; Circular empowers Assessing Officers to accept forms post-assessment; Precedents support submission of 'C forms' even in appellate stage.

Analysis:
The petitioner, a Fireworks manufacturing company, filed a writ petition seeking a Writ of Mandamus to direct the second respondent to reconsider the assessment order passed for the Assessment Year 2002-03 due to the late submission of 'C forms' from consignees. The petitioner's representation dated 27.04.2009 requested the revision of the assessment order based on the subsequent acquisition of 'C forms'. The respondents contended that the petitioner was issued a pre-assessment notice in 2005, but failed to respond, leading to the assessment order being passed without the 'C forms'. The respondents argued against revising the assessment after a significant time lapse, suggesting the appeal route for the petitioner instead.

The petitioner relied on a Circular issued by the Commissioner of Commercial Taxes in 2011, which instructed Assessing Officers to accept forms post-assessment and revise orders accordingly. The Circular emphasized the acceptance of various forms, including 'C forms', even after final assessment, to avoid unnecessary appeals and legal remedies. The petitioner's counsel highlighted this Circular to support the case for revising the assessment based on the belated submission of 'C forms'.

Furthermore, the petitioner cited legal precedents to strengthen their argument. A Full Bench decision of the High Court and a subsequent Supreme Court decision supported the submission of 'C forms' even during the appellate stage. Another judgment by a Single Judge of the High Court also upheld the right of the assessee to submit 'C forms' post-assessment. These legal precedents, along with the Circular empowering Assessing Officers to accept forms after final assessment, formed the basis for the Court's direction in the present case.

Considering the Circular, legal precedents, and the fact that the submission of 'C forms' would not impact the taxable turnover significantly, the Court directed the second respondent to reconsider the petitioner's representation dated 27.04.2009, accept the 'C form', and pass appropriate revised assessment orders within four weeks. The Court allowed the writ petition in favor of the petitioner, emphasizing the importance of following due process and legal principles in tax assessments.