2019 (4) TMI 795 - HC - VAT and Sales Tax

Validity of assessment order - Telangana VAT - Classification of goods - poultry meal - non supply of laboratory test report - extended period of limitation - invocation of theory of empty formality - Held that - The furnishing of the copy of the report, according to the learned Special Standing Counsel would not have altered the position. - But, generally the theory of empty formality is a valid defence to an allegation of violation of principles of natural justice in the Service Jurisprudence. But, insofar as Revenue Laws are concerned, every material on which a decision is taken, may be relevant. Therefore, we are unable to accept the said contention. The matter can be remanded back on a short ground, leaving it open to the petitioner to raise even the issue of limitation - petition allowed by way of remand.

Summary

Issues:
Challenge of assessment order under the Telangana Value Added Tax Act, 2005 on grounds of limitation and lack of opportunity.

Analysis:
The petitioner challenged the assessment order under the Telangana Value Added Tax Act, 2005, citing various grounds such as limitation and lack of opportunity. The petitioner's counsel argued that part of the assessment was time-barred even before the amendment extending the limitation period was issued. Additionally, it was contended that the nature of the product was determined by the Assessing Officer based on a Laboratory Test Report, the copy of which was not provided. The Vigilance Report, which was also relied upon, was only partially shared with the petitioner.

The Special Standing Counsel for the respondents acknowledged the non-supply of parts of the Vigilance Report and the Laboratory Test Report but argued that this would not invalidate the assessment order. Referring to a previous judgment, it was contended that the product manufactured by the petitioner, identified as poultry meal, did not fall under the claimed classification. Therefore, the non-supply of the reports was deemed inconsequential to the assessment.

The court rejected the theory of empty formality proposed by the Special Standing Counsel, emphasizing that in Revenue Laws, every material considered in making a decision is crucial. Regarding the issue of limitation, the court declined to delve into it at that stage and instead decided to remand the matter back to the Assessing Officer. The court directed the Assessing Officer to provide full copies of the Vigilance Report and the Laboratory Test Report within a week, allowing the petitioner to submit additional replies within two weeks. Subsequently, a date for a personal hearing was to be set to address all issues, including the matter of limitation, before final orders were issued.

As a result, the Writ Petition was allowed, the impugned order was set aside, and the case was remanded back to the Assessing Officer for further proceedings. The Assessing Officer was instructed to ensure the necessary reports were provided promptly, and all relevant issues, including limitation, were considered before finalizing the assessment. No costs were awarded, and any pending Miscellaneous Petitions were to be closed as a consequence of the judgment.