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2022 (1) TMI 386 - HC - VAT and Sales TaxValidity of assessment order - Tamil Nadu Value Added Tax Act, 2006 - HELD THAT - The issue decided in the case of M/S. ALL INDIA METAL AND ALLOYS VERSUS THE ASSISTANT COMMISSIONER HARBOUR-IV ASSESSMENT CIRCLE CHENNAI. 2021 (9) TMI 1144 - MADRAS HIGH COURT were it was held that there have been gross violation of principles of natural justice, which would justify that the Appellant is entitled to invoke the extraordinary jurisdiction of this Court. The matter is remitted to the Assessing Officer and the Assessing Officer is directed to issue notice to the Appellant to appear in-person - Petition allowed by way of remand.
Issues:
Challenge to assessment order under TNVAT Act for AY 2011-12; Violation of principles of natural justice in assessment process. Analysis: The judgment pertains to a writ petition challenging an assessment order under the Tamil Nadu Value Added Tax Act, 2006 for the Assessment Year 2011-12. The writ petitioner, a company, had filed multiple writ petitions which were dismissed initially but later allowed on appeal. The court noted that the Assessing Officer had failed to consider the petitioner's objections and requests for details/documents, leading to a violation of natural justice principles. The court emphasized that the Assessing Officer ignored the petitioner's communications and requests for a personal hearing, indicating a clear violation of natural justice. The court highlighted that the Assessing Officer did not address the petitioner's objections and requests adequately, leading to a situation where the petitioner's entitlement to certain details and documents was not considered. The court found that the Respondent had grossly violated principles of natural justice, justifying the petitioner's invocation of the court's extraordinary jurisdiction under Article 226 of the Constitution of India. As a result, the court set aside the assessment orders, quashed the impugned orders, and remitted the matters to the Assessing Officer for a fresh assessment process, emphasizing compliance with natural justice principles. The judgment emphasized the importance of adhering to principles of natural justice in assessment proceedings under the TNVAT Act. The court directed the Assessing Officer to issue a notice to the petitioner for a personal appearance, where the petitioner would specify the required documents and details. The Assessing Officer was instructed to provide copies of available documents or allow the petitioner's representative to peruse voluminous details. Subsequently, the petitioner was to submit fresh objections, following which the Assessing Officer would conduct a re-assessment in accordance with the law. The court allowed the writ appeals, set aside the orders, and closed the connected miscellaneous petition without costs.
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