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2016 (3) TMI 793 - HC - VAT and Sales TaxLevy of penalty of 1.5 times of tax due - Suppressed turnover receipt of room rent - Impugned order passed by rejecting the objections raised by the petitioner and without assigning the reason for the same - Held that - since the objections of the petitioner were not considered by the respondent in a proper manner, the impugned orders are liable to be set aside and remanded back to the respondent for fresh consideration and deciding the appeal on merits and in accordance with law, after giving due opportunity of personal hearing to the petitioner. Petition disposed of
Issues:
Challenge to tax assessment and penalty imposition under Tamil Nadu Tax on Luxuries Act 1981 based on alleged suppressed turnover. Analysis: The petitioner, a registered dealer under the Tamil Nadu Tax on Luxuries Act 1981, operates a lodging house providing accommodations on a rental basis. The respondent issued notices proposing significant turnovers as suppressed turnover for three consecutive assessment years, along with penalties. The petitioner objected to these proposals on various grounds, but the respondent, without providing any reasons, simply rejected the objections in the impugned orders dated 31.08.2010. The petitioner contended that the respondent's rejection of objections without any reasons was unjust. The court agreed with the petitioner, stating that when objections are rejected, reasons must be provided. As the respondent failed to consider the objections in a proper manner, the court set aside the impugned orders and remanded the matters back to the respondent for fresh consideration. The respondent was directed to reconsider the objections and any additional objections filed by the petitioner, granting a personal hearing and passing orders in accordance with the law. In conclusion, the court disposed of all the writ petitions, setting aside the impugned orders and remanding the matters for fresh consideration by the respondent. No costs were awarded, and the connected matters were closed.
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