2017 (11) TMI 1772 - HC - VAT and Sales Tax

Review petition - time limitation as provided u/r 6 (5) of the Central Sales Tax (Kerala) Rules - finalization of assessment - Held that - Rule 6 (5) of the CST Kerala Rules does not stipulate any time limit to complete the assessment and the said aspect has been correctly understood and put forth by the assessee concerned in paragraph 8 and Ground D of the Writ Petition No. 4832 of 2010 and in paragraph 7/Ground C of W.A. No. 1076 of 2013 - It has to be borne in mind that the scope of review is very much limited and it is not a substitute for appeal. Unless there is any error apparent on the face of records no interference is possible. Review petition dismissed.

Summary

Issues:
1. Interpretation of Rule 6(5) of the Central Sales Tax (Kerala) Rules regarding the period of limitation for assessment.
2. Review of the judgment based on the contention that Rule 6(5) stipulates a limitation period of 'one year'.
3. Scope of review petition and applicability of the limitation period under the CST (Kerala) Rules.

Analysis:

1. The review petitions were filed challenging an observation in the judgment that the authorities could rely on provisions under the KGST Act and the KVAT Act for assessment finalization due to the absence of a specific limitation in Rule 6(5) of the CST (Kerala) Rules. The petitioners argued that Rule 6(5) itself sets a limitation of 'one year' for assessment completion, emphasizing the term 'previous year'. They contended that this limitation prevents authorities from extending the assessment period using other acts or rules. The Court considered the arguments presented by both parties.

2. The review petitioners raised a new argument post the dismissal of the initial case, asserting that the assessment must be completed within 'one year' as per Rule 6(5). However, the Court noted that this argument was not raised during the original proceedings. The petitioners contended that even though the assessment should be completed within a 'reasonable time', the absence of a specific time limit in Rule 6(5) does not automatically imply a one-year limitation. The Court highlighted the importance of raising all relevant arguments during the initial proceedings.

3. The Court analyzed the contentions in the review petitions, emphasizing that Rule 6(5) of the CST (Kerala) Rules does not specify a time limit for assessment completion. The review petitioners' interpretation of a one-year limitation was deemed incorrect. The Court referred to previous judgments to support the limited scope of review and the requirement for an error apparent on the face of records for interference. The review petitions were ultimately dismissed for lacking merit based on the correct interpretation of Rule 6(5) and the limited grounds for review.

This detailed analysis of the judgment provides insights into the interpretation of Rule 6(5) of the CST (Kerala) Rules, the significance of raising arguments during initial proceedings, and the restricted scope of review petitions. The Court's thorough examination and reliance on legal precedents underscore the importance of adherence to procedural requirements and accurate legal interpretations in such cases.