9911796707
TMI Blog2024 (7) TMI 1392X X X X Extracts X X X X X X X X Extracts X X X X ..... TVAT Act, 2004. HELD THAT:- The reassessment order dated 14.05.2019 passed on a previous remand by the revisional authority vide order dated 16.08.2016 has once again been set aside taking into account all the grounds urged by the petitioner by the impugned order dated 06.02.2024 and once again the matter has been remanded for reassessment. As such, the issues being canvassed before this Court are not open in that sense. The Assessing Authority has to apply its mind to all the grounds both of law and facts being raised by the petitioner in respect of each of the financial years in question. Since a ground of limitation has been taken so far as the assessment proceedings of the financial year 2006-07 is concerned, the Assessing Authority sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessment proceedings for the financial year 2006-07 were barred on grounds of limitation in view of Section 33 of the TVAT Act having been undertaken on 15/18.11.2012 i.e. after five years. (ii) The assessment order and reassessment order are based upon audit reports which are presumptuous in nature. The Assessing Authority even after remand vide its reassessment order dated 14.05.2019 has not formed an independent opinion on the basis of the audit objection and simply relied upon it to hold the petitioner liable for payment of outstanding tax dues, penalty and interest. (iii) The learned Assessing Authority in the previous exercise has also proceeded to impose penalty without a proper show cause notice in terms of Section 45 (6) of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sues involving the adjudication on merits of the audit objection and also on grounds of violation of principles of natural justice at the reassessment stage. He further submits that the learned Assessing Authority would be obliged to deal with all such points of law and on merits being addressed by the petitioner. Therefore, the instant revision petitions may be disposed of with suitable observations. 6. We have considered the submission of learned counsel for the parties and taken note of the brief facts which are relevant for deciding the cases at this stage. True it is that the proceedings for assessment in respect of financial years 2006-07, 2007-08 and 2008-09 have protracted over twelve years since the first common assessment order pa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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