Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2014 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (4) TMI 179 - KARNATAKA HIGH COURTQuashment of Demand notice - Genuineness of assessment – Whether assessee was defaulter - Seeking of opportunity to produce the books of account for fair determination of tax – Held that:- the process of determining tax was initiated and has culminated in passing of Annexures-F and G - Though there is mention that the petitioner had not produced books of account, but as could be seen petitioner has already submitted returns and has paid tax as calculated by it - Thus it cannot be said petitioner is totally at fault or is a defaulter - All that the petitioner seeks is opportunity to produce the relevant books of account for fair determination of tax against the tax determined by the authorities. Only legally imposable tax could be recovered in the manner known to law - Any erratic assessment would certainly not be in the interest of the tax payer - Court was satisfied that assessee had made out a case to grant permission to it to produce all relevant books of account and documents to support its assessment against the proposition of tax issued by revenue - Two week`s time is granted to the petitioner to produce all books of account as required by the respondent - The impugned notice at Annexure-F and the proposition notice at Annexure-G are quashed only on the ground it is vitiated for denial of opportunity – Decided in favour of Assessee.
|