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2014 (9) TMI 565 - HC - VAT and Sales TaxLevy of penalty under Section 27(3) - wilful non- disclosure of assessment turnover - Held that:- Order of assessment does not deal with the objections raised by the petitioners item-wise. While issuing pre-revision notice for all the six assessment years, each assessment year contains a different allegation or more than two allegations. The petitioners have submitted their objections in respect of all the pre-assessment notices specifically raising a contention in respect of each of the allegation in the notice. Therefore, the assessing authority bound to consider the objections item-wise and accept or reject the same or partially accept the same. However, by a three paragraphs order, the order of assessment has been finalized and the proposal in the pre-revision notice has been confirmed. Petitioners did not produce the records before the audit party. Nevertheless, a show notice has been issued by the Assessing Officer, in which, the petitioners should be given an opportunity to show-cause as to why the assessment should not be revised and while showing cause, it is always open to the petitioners to produce the records to substantiate the same. If there are no records available, then the petitioners can substantiate their stand by raising objections. In such circumstances, there is a duty enjoined upon the Assessing Officer to consider the objections and passes speaking order rejecting the same. These aspects which are primarily necessary to be followed while finalizing an order of assessment, especially a revision of assessment has been given a go by by the assessing officer. The petitioners in respect of the pre-revision notices, for two assessment years specifically requested for an opportunity of personal hearing. This opportunity has not been rejected nor granted. Matter remanded back - Decided in favour of assessee.
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