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2022 (9) TMI 998 - HC - VAT and Sales TaxMaintainability of application - Existence of Authority for Clarification and Advance Ruling, with the enacting of the TNGST Act, 2018 - Section 174 of the TNGST Act - HELD THAT - In view of the stand taken by the petitioner, I need hardly address the defence taken by the respondents, as I accede to the submissions made by the petitioner, concluding that, both the application and the impugned order would survive no longer. It is brought to my notice that the assessments for various years have been kept pending by the Authority awaiting disposal of this writ petition and in light of an interim order passed by this Court on 04.11.2019 directing the respondents to maintain status quo. This order has been interpreted by the respondents to mean that all assessment should be kept pending. Seeing as the assessments relate to the periods 2014-15, 2017-18, a period of 16 weeks is granted to the parties to complete all pending assessments in accordance with law. Petition disposed off.
Issues Involved:
Challenge to order of Authority for Clarification and Advance Ruling (ACAR) dated 26.04.2019, Delay in hearing petitioner's case, Effect of enactment of TNGST Act, 2018 on ACAR, Application of saving provisions under Section 174 of TNGST Act, Pending assessments by Authority, Interpretation of interim order directing maintenance of status quo. Analysis: The petitioner contested the order issued by the Authority for Clarification and Advance Ruling (ACAR) dated 26.04.2019, which stemmed from a previous challenge to a clarification obtained on the taxability of sand lime bricks. Despite a court directive to hear the petitioner promptly, the Authority delayed the process until 2018, by which time the Tamil Nadu Value Added Tax Act had been replaced by the Tamil Nadu State Goods and Services Tax Act, 2017. The petitioner argued that the ACAR no longer existed under the new legislation, rendering the application invalid. In response, the respondents cited Section 174 of the TNGST Act to justify reliance on saving provisions. However, the court agreed with the petitioner's stance, leading to the conclusion that both the application and the impugned order were no longer valid due to the change in legislation. Consequently, the court disposed of the writ petition without costs. Furthermore, it was noted that pending assessments by the Authority were on hold pending the resolution of this case, following an interim order from the court. To clarify the situation, a 16-week period was granted for the completion of all pending assessments relating to the periods 2014-15 and 2017-18 in compliance with the law. This decision aimed to provide clarity and ensure the proper handling of assessments in light of the legal developments and court directives.
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