2019 (7) TMI 318 - HC - VAT and Sales Tax

Permission to file appeals under Section 51 of TNVAT Act to the Appellate Authority concerned - HELD THAT - As per Section 51(1) of TNVAT Act and the proviso there to an appeal has to be filed within 30 days from the date on which the order was served on writ petitioner and there can be condonation of delay upto a further period of 30 days. In other words, there is a cap of 30 days with regard to condonation of delay - learned counsel for writ petitioner is not in a position to readily give the exact date on which the impugned orders were served on writ petitioner. Therefore, the question of condonation of delay, if any, subject to Section 51(1) and proviso thereto should also be decided only by the Appellate Authority. The writ petitions are disposed of recording the submission that writ petitioner would be preferring statutory appeals under Section 51 of TNVAT Act.

Summary

Issues involved:
Four writ petitions pertaining to Assessment Years 2013-14 to 2016-17 under the Tamil Nadu Value Added Tax Act, 2006 (TNVAT Act) raising concerns about Revised Assessment Orders and seeking permission to file appeals under Section 51 of TNVAT Act.

Analysis:
The judgment by the Madras High Court, delivered by Mr. Justice M. Sundar, concerns four writ petitions related to different Assessment Years under the TNVAT Act. The core issue in all four petitions revolves around the Revised Assessment Orders passed after discrepancies were noted during an inspection of the writ petitioner's business premises. The Enforcement Wing Officials proposed these Revised Assessment Orders, which were challenged by the writ petitioner. In a previous order, the Court directed the petitioner to pay 15% of the tax computed by the respondent for each assessment year to treat the assessment orders as show cause notices and submit objections. The petitioner complied with this directive for three years but not for the Assessment Year 2014-15, which was not covered by the previous order.

Subsequently, post the previous order, further Revised Assessment Orders were issued under Section 27 of the TNVAT Act, which are the subject of the current four writ petitions. Despite various grounds raised in support of the petitions, the writ petitioner decided to pursue the statutory appeal remedy under Section 51 of the TNVAT Act. The Court noted that permission to file appeals under Section 51 was not required as the petitioner could directly approach the Appellate Authority. The statutory appeal must be filed within 30 days of the order being served, with a provision for condonation of delay up to an additional 30 days.

As the exact date of service of the impugned orders was not immediately available, the Court left the decision on condonation of delay to the Appellate Authority. The judgment concluded by disposing of the writ petitions, acknowledging the petitioner's intention to file statutory appeals under Section 51 of the TNVAT Act. Any application for condonation of delay in filing the appeals would be subject to the provisions of Section 51(1) and decided on its merits by the Appellate Authority. It was emphasized that the appeal process would proceed only if filed within the stipulated time or if the delay is condoned by the Appellate Authority. The Court closed the four writ petitions without imposing costs, and all connected miscellaneous petitions were also closed.