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2015 (4) TMI 657 - MADRAS HIGH COURT

2015 (4) TMI 657 - MADRAS HIGH COURT - TMI - Revision of assessment - Bare of limitation - Revised order passed after period of 5 years - Held that:- Following decision of Universal Abrasives v. Commercial Tax Officer, Manali Asessment Circle, Chennai reported in [2013 (10) TMI 440 - MADRAS HIGH COURT] - Court has no other option except to set aside the impugned order and this Court is not inclined to remit the matter back to the authority concerned as contended by the respondent - Decided in fa .....

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ner contended that the assessment period relates to 2007-2008 and the original assessment order passed on 09.03.2011 and revision can be done only prior to 08.03.2014 within a period of 5 years in terms of Section 27(1)(a) of the Tamil Nadu Value Added Tax as it stood then. For the sake of convenience, Section 27 is extracted below: 27. Assessment of escaped turnover and wrong availment of input tax credit (1) (a) Where, for any reason, the whole or any part of the turnover of business of a deal .....

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f 2012 effective from 19.6.2012. (b) Where, for any reason, the whole or any part of the turnover of business of a dealer has been assessed at a rate lower than the rate at which it is assessable, the assessing authority may, at any time within a period of 2[six years from the date of assessesment], reassess the tax due after making such enquiry as it may consider necessary. NOTES 1. Substituted for the expression "five years from the date of order of assessment by the assessing authority&q .....

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r necessary: NOTES 1. Substituted for the expression "five years from the date of order of assessment by Act No.23 of 2012 effective from 19.6.2012. Provided that no order shall be passed under sub-sections (1) and (2) without giving the dealer a reasonable opportunity to show cause against such order. (3) In making an assessment under clause (a) of sub-section (1), the assessing authority may, if it is satisfied that the escape from the assessment is due to wilful non-disclosure of assess .....

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ore than fifty per cent of the tax paid as per the return. (c) one hundred and fifty per cent of the tax due on the assessable turnover that was wilfully not disclosed, if the tax due on such turnover is more than fifty per cent of the tax paid as per the return; (4) in addition to the tax determined under sub-section (2), the assessing authority shall direct the dealer to pay as penalty a sum - (i) which shall be in the case of first such detection fifty per cent of the tax due in respect of su .....

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6) In computing the period of limitation for assessment or re-assessment under this section, the time during which the proceedings for assessment or re-assessment remained stayed under the orders of a Civil Court or other competent authority shall be excluded. (7) In computing the period of limitation for assessment or re-assessment under this section, the time during which any appeal or other proceeding in respect of any other assessment or reassessment is pending before the High Court or the S .....

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3. According to the petitioner, the revision order was passed on 25.02.2015, beyond 5 years and the authority has taken note of the omitted provision that the period of limitation is six years and passed the order which is not permissible in law. It is further submitted by the petitioner that beyond the period of limitation, no proceedings can be initiated and the amended Act 23 of 2012 increasing the period to six years from the date of assessment came into effect only from 19.06.2012 as could .....

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