Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2016 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (9) TMI 1261 - HC - VAT and Sales TaxDisallowance of option for payment of tax at compounded rate - levy of tax at appropriate rate u/s 5 of the TNVAT Act - construction of Reinforced Earth Walls for the approach roads leading to bridges and flyovers - Held that: - The power given to the Assessing Officer under section 84 of the TNVAT Act, is a power to be exercised in accordance with law and merely stating that there is no mistake apparent on the face of the record, would not be sufficient, especially when the petitioner points out that there are difference in the figures leading to a wrong calculation of the Taxable Turnover. Therefore, the least that the second respondent is expected to do is to examine as to whether the factual discrepancy pointed by the petitioner is correct, if in the opinion of the second respondent, the same is incorrect, then he should record reasons as to why he has come to a conclusion that it is incorrect. Those basic requirements are absent in the orders passed by the second respondent. Levy of interest - Held that: - It is no doubt true that the petitioner was not represented by his Counsel. If that be so, then the Revision Petitions should be dismissed for default, but the authority chose to give brief reasons for rejection. The reasons do not deal with the factual position nor deal with the contentions raised by the petitioner - the orders rejecting the Revision Petitions with regard to levy of interest is held to be a non-speaking order. Since the matter has been prolonging for a long period of time and the balance amount of interest payable is ₹ 27,14,101/-, this Court is inclined to impose some conditions on the petitioner to be entitled to one more opportunity to go before the Revisional Authority. Petition allowed - decided in favor of petitioner.
|