Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2014 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (8) TMI 927 - MADRAS HIGH COURTRejection of their applications for rectification submitted under Section 84 of the TN VAT Act, 2006 - Held that:- For entertaining an application for rectification, the respondent has to see whether there is any error apparent on the face of the record. The petitioner has pointed out errors apparent on the face of the record in respect of each assessment year. For instance, for the assessment year 2007-08, the Miscellaneous Income taken by the respondent in the original order of assessment was ₹ 58,10,000/-. But in the balance sheet for the year 2007-08, it is seen from the Schedule 14 that the said amount of ₹ 58,10,000/- related to the year 2007 and not 2008. For the assessment year 2007-08, Miscellaneous Income was ₹ 21.80 lakhs. Therefore, there appears to be an obvious error in so far as the assessment year 2007-08 is concerned. - Similarly, in respect of the assessment year 2010-11, the total value of Plant & Machinery sold is indicated in the order of assessment as ₹ 156,75,10,000. But the balance sheet shows that the sale of Plant & Machinery was to the extent of ₹ 15,67,51,000/-. One more 'zero' has been added at the end, which is an error apparent on the face of the record. At least prima facie, the petitioner is able to establish that there are errors apparent on the face of the record in respect of each of the assessment year - But unfortunately, the respondent has not applied his mind to these errors. Hence, the impugned orders are liable to be set aside - Decided in favour of assessee.
|