Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

1972 (9) TMI 133

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... essment year 1968-69 under the Tamil Nadu General Sales Tax Act, 1959, in respect of sales of petroleum products dealt with by him. Before the assessment order was passed, the petitioner was called upon to file his objections, but he did not file his objections and requested for further time for filing the same. The assessing authority proceeded to make the assessment to the best of his judgment o .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... emand notice have not been duly served on him in accordance with law, and, therefore, there cannot be a valid enforcement of the said assessment order. According to the learned counsel for the petitioner, the service by affixture can be resorted to only if the modes referred to in rule 52(a), (b) and (c) of the Tamil Nadu General Sales Tax Rules, 1959, are exhausted, and that as in this case, serv .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... have to be exhausted before the service by affixture can be effected under clause (d). It is not in dispute that one of the modes of service contemplated under clause (c) is service of notice by registered post, and such service has been found to be ineffective in this case. Therefore, the assessing authority was justified in proceeding to serve the assessment order by affixing it in the petition .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ven though the same has been served by affixture. The assessing authority may not be justified in refusing to supply a certified copy of the order to the petitioner, when demanded. We, therefore, direct the assessing authority to supply to the petitioner a certified copy of the assessment order dated 11th April, 1972. Subject to the above direction, the writ petition is dismissed. Petition dismis .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates