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The HC dismissed the writ petition on the principle of ...


Taxpayer's Petition Dismissed for Concealing Material Facts About Revisional Proceedings in VAT Reassessment Challenge Under Section 36(1)

March 15, 2025

Case Laws     VAT / Sales Tax     HC

The HC dismissed the writ petition on the principle of suppressio veri; suggestio falsi, as the petitioner failed to disclose material facts regarding suo-moto revisional proceedings while challenging a reassessment notice as time-barred under Section 36(1) of the TVAT Act, 2004. The petitioner neither mentioned the revisional proceedings nor challenged the revisional authority's order dated October 27, 2022, though it was referenced in the impugned notice. The court held that extraordinary relief under Article 226 cannot be granted to parties who suppress material facts, emphasizing that petitioners must approach writ courts with clean hands and full disclosure of all relevant information.

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