2016 (1) TMI 185

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..... the input tax credit or refund claim. Thereafter, either after going through the records produced by the assessee in response to the notice or in the event of the assessee not producing any records, the assessing authority is expected to take a decision as regards whether or not to proceed with the best judgment assessment in relation to the assessee. It is thereafter that, he is to issue the notice intimating the assessee of the proposal to complete the assessment on best judgment basis in terms of Section 25(1) of the KVAT Act. - Matter remanded back. - WP(C).NO. 27871 OF 2015 (H) - - - Dated:- 22-9-2015 - A.K.JAYASANKARAN NAMBIAR, J. For The Petitioner : SRI.P.N.DAMODARAN NAMBOODIRI, SRI.P.UNNIKRISHNAN (THRISSUR) For The Re .....

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..... der came to be passed without hearing the petitioner. While counsel for the petitioner would submit that, the petitioner was laid up and it was therefore that he could not attend the hearing on the date stipulated, I also note in this case that Ext.P2 notice in Form No.17 calling upon the petitioner to produce accounts, documents and registers in accordance with Rule 38 of the KVAT Rules, was dated 20.07.2015 and it was on the same day that the notice under Section 25 (1) of the KVAT Act (Ext.P3) was issued to the petitioner proposing an assessment on best judgment basis. In this connection, it is relevant to notice the provisions of Rule 38 of the KVAT Rules 2005, which deal with the manner in which best judgment assessment is to be comple .....

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..... nd the dealer shall pay the sums demanded within the time and in the manner specified in the notice. (5) Where the taxable turnover of a dealer is determined resorting to best judgment assessment, proportionate special rebate to the tax liability fixed on the turnover under sub section (2) of section 6 consequent to any addition made in the turnover may be given while fixing the tax liability in respect of such assessment. 4. It will be seen from a perusal of Rule 38 that the procedure to be followed by an assessing authority, who deems it necessary to verify the books of accounts of an assessee prior to proceeding with the process of best judgment assessment, is to fist serve a notice in Form No.17 calling upon the assessee to produ .....

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