9911796707
TMI Blog2016 (4) TMI 395X X X X Extracts X X X X X X X X Extracts X X X X ..... rovisions of the Central Sales Tax Act, 1956 for the years 2014-15 and the petitioner was called upon to produce its books of accounts, tax invoices and other relevant documents pertaining to the said financial year. In response the petitioner had submitted a letter stating that it was in the process of preparing its audited statement of accounts required to be submitted under the provisions of KVAT Act, 2003 and that all its resources were utilized in the same, as well as in year end closing activities. Therefore a request was made to the second respondent to grant additional period of three months to produce its books of accounts apart from other documents. The second respondent said to have issued an endorsement rejecting the petitioner& ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the 2nd respondent to take the same on record and again sought further time to file the balance statutory forms. The petitioner uploaded additional statutory forms on 05.02.2016 for a value of Rs. 21,88,01,732/-. However, on 10.02.2016 the petitioners' request was disregarded and the second respondent passed the impugned reassessment order. The second respondent had levied tax on the balance turnover of sales not covered by statutory forms at the regular rate of tax applicable to such sales. The second respondent had according to the petitioner failed to consider statutory forms for a value of Rs. 21,88,01,732/- which had been uploaded by the petitioner on February 5, 2016 and the second respondent also levied interest under the provis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unts covered under the form which are yet to be submitted. The petitioner is also ready to furnish bank guarantee as it is petitioner's belief that no tax liability whatsoever and the same may be supported by production of the statutory forms. Incidentally it is pointed out that three Judges bench of Supreme Court as in the case of State of H.P. and others v. Gujarat Ambuja Cement Ltd., and another reported in 2005 STC (142) 1 has laid down that Rule 12(7) of the Central Sales Tax (Registration and Turnover) Rules, 1957, the declaration form can be filed at a subsequent point of time, not necessarily alongwith the returns. On an application being made before the Assessing Authority the extension of time can be granted. The object of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wever, in the above facts and circumstances since the petitioner has already filed several applications seeking extension of time, produced statutory forms as it is apparently beyond its control. The second respondent shall consider the grant of additional time which shall be atleast of 60 days to produce the necessary statutory forms instead of those amounts which have not been supported by statutory forms. The respondent shall take into account the statutory forms uploaded on 05.02.2016 and such other statutory forms which may be uploaded now and in so far as the balance amount which are not supported by the statutory forms are concerned, the petitioner shall furnish a bank guarantee within two weeks, which shall be kept in force. Till su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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