Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2010 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (3) TMI 1005 - HC - VAT and Sales TaxWhether once the compounding option was accepted by the Department, a compounding order was also passed to that effect, the transactions of the petitioner will not come under the category of "works contract" thereby the respondent to assume jurisdiction to revise the assessment and levy tax on the transaction as ordinary sale by invoking the provisions of section 16 of the TNGST Act does not arise? Held that:- In view of the judgment of the Supreme Court in Devendran & Company case [1996 (8) TMI 430 - SUPREME COURT OF INDIA] wherein held that if earlier assessment is made on a particular percentage and subsequently, if the assessing authority wanted to reopen the assessment by taking away part of the sales turnover from the turnover already assessed for finding out the corresponding purchase turnover the same power is not available to the authorities. Thus the impugned order dated November 21, 2008 is set aside and the writ petition stands allowed.
|