9911796707
TMI Blog2023 (10) TMI 157X X X X Extracts X X X X X X X X Extracts X X X X ..... been assessed on 31.10.2012. In view thereof, the order dated 25.01.2016 itself is a reassessment traceable to Section 27 of the TNVAT Act. The present proceeding is also traceable to Section 27 of the TNVAT Act. Though exercise of power of assessment / reassessment under Section 27 of the TNVAT Act would not result in exhaustion of the power and it is open to exercise the power vested under Section 27 of the TNVAT Act on more than one occasion - though there is no limitation as to the number of occasions the power of assessment / reassessment under Section 27 of the TNVAT Act may be exercised. However, any such exercise ought to be made within the period of six years from the date of original assessment including deemed assessment as stip ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essment year 2011-12. 2.1. A show cause notice dated 14.09.2015 was issued proposing to revise the assessment on the premise that they have not disclosed certain transactions of sales. The dealer wise details of sales allegedly suppressed was set-out in the notice as under: S.No. TIN Dealer Name Purchase Turnover 1. 33141083844 Golden Enterprises 1,52,500.00 2. 33230946103 Euro Petroleum 10,00,000.00 3. 33321481736 Mahalakshmi Lubricants 8,05,000.00 4. 33491702754 Priya Petro Products 47,12,000.00 5. 33693063360 Vasantha Oil Processing 34,08,600.00 Total Purchase Value of other dealers 1,00,78,100.00 2.1. The petitioner responded to the above notice by filings its objection / reply dated 02.11.2015. The assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 and thus proceeded to reject the objections of the assesee as being barred by limitation on the premise that the extended period of limitation of six years would be available to the respondent to exercise its power of reassessment under Section 27 of the TNVAT Act and thus limitation if reckoned from 25.01.2016 would expire on 25.01.2022. 3. It is submitted by the learned counsel for the petitioner that if one takes into account Section 22(2) of the TNVAT Act and the deeming contained therein, assessment ought to deemed to have been made on 30.10.2012. Thus the limitation under Section 27 of the TNVAT Act of 6 years to reassess would expire on 30.10.2018. The present notice and the subject matter of the present revision of assessment viz ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 27 of the TNVAT Act would not result in exhaustion of the power and it is open to exercise the power vested under Section 27 of the TNVAT Act on more than one occasion. However, it must be borne in mind that any exercise of power under Section 27 of the TNVAT Act would have to be made within the stipulated period i.e., six years from the date of original / deemed assessment, in the present case deemed assessment on 31.10.2012. In other words, though there is no limitation as to the number of occasions the power of assessment / reassessment under Section 27 of the TNVAT Act may be exercised. However, any such exercise ought to be made within the period of six years from the date of original assessment including deemed assessment as stipulat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refore, to confine the term "jurisdiction" to its conventional and narrow meaning would be contrary to the well-settled interpretation of the term. The expression "jurisdiction", as stated in Halsbury's Laws of England, 4th Edn., Vol. 10, Para 715, is as follows: "715. Meaning of 'jurisdiction'.--By 'jurisdiction' is meant the authority which a court has to decide matters that are litigated before it or to take cognisance of matters presented in a formal way for its decision. The limits of this authority are imposed by the statute, charter or commission under which the court is constituted, and may be extended or restricted by similar means. If no restriction or limit is imposed the jurisdiction is said to be unlimited. A limitation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ause or matter. An order passed by a court having no jurisdiction is a nullity." e. Halsbury's Laws of England, (4th Edn.), Reissue, Vol. 10, para 317, it is stated: "317. Consent and waiver.--Where, by reason of any limitation imposed by a statute, charter or commission, a court is without jurisdiction to entertain any particular claim or matter, neither the acquiescence nor the express consent of the parties can confer jurisdiction upon the court, nor can consent give a court jurisdiction if a condition which goes to the root of the jurisdiction has not been performed or fulfilled. Where the court has jurisdiction over the particular subject-matter of the claim or the particular parties and the only objection is whether, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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