Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2010 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (10) TMI 956 - KERALA HIGH COURTWhether the assessment is done only when it is completed and signed? Whether estimation of turnover made by the assessing officer which is essentially bifurcation of taxable and non-taxable turnover based on findings of facts during inspection? Held that:- If the assessment is initiated for any return period in the financial year itself, rule 39(5)(iv) does not apply and the assessment can be completed for such return period or return periods through separate orders for each return period. So much so, we do not find any merit in the challenge against the validity of the assessment on the ground that the assessment is completed for each return period, i.e., for each month by separate orders. There is also merit in the finding of the Tribunal that the assessee having not raised any objection against single assessment during the course of assessment, cannot raise a technical objection after monthly assessments are completed through separate orders. We, therefore, answer this question in favour of the Revenue by upholding the validity of separate assessments and rejecting the contentions of the assessee to the contrary. Since the exempted goods, namely, textile, on physical inspection was found only in one of the five shops, we feel the relief granted by the first appellate authority and confirmed by the Tribunal is reasonable and in any case it is not proper for us to interfere with the findings on facts, that too based on data gathered on inspection. We, therefore, do not find the second question raised is a substantial question of law warranting interference under the revisional jurisdiction under section 63 of the KVAT Act. Appeal of assessee dismissed.
|