Contact us   Feedback   Annual Subscription   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

2016 (7) TMI 74 - TRIPURA HIGH COURT

2016 (7) TMI 74 - TRIPURA HIGH COURT - [2016] 88 VST 181 (Tri) - Validity of assessment order - petitioner submitted that the rules of natural justice have not been followed while deciding the case - valuation - rejection of return - Held that:- on two grounds (i) vagueness of the notice, and (ii) violation of the rules of natural justice, we without going into the merits of the case, quash the impugned order. The assessing officer shall be at liberty to issue fresh notice in which he should cle .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

essing officer has held that the returns filed by the assessee are incorrect and incomplete and has further held that the assessee is liable to pay additional tax of ₹ 14,62,342.04 plus interest of ₹ 7,67,729.57 and penalty at 150 per cent. amounted to ₹ 21,93,513.06, i.e., to say a total amount of ₹ 44,23,585 for the assessment year 2010-11. For the assessment year 2011-12, the balance due is ₹ 1,69,12,462.38, interest ₹ 58,34,799.52 and penalty ₹ 2,53, .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

s of natural justice then this court will have to interfere. It would be pertinent to mention that earlier also the petitioner had filed W. P. (C) No. 91 of 2012 (Power Mech Projects Limited v. State of Tripura) in this court which had been disposed of by this court in the following terms: "2. There is no manner of doubt that the contract which the petitioner has entered into with the respondent is a works contract and, therefore, tax has to be paid only on the taxable turnover as determine .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

made by the apex court in Gannon Dunkerley & Co. v. State of Rajasthan [1993] 88 STC 204 (SC); [1993] 1 SCC 364 and by this court in Biplab Kumar Ghosh v. Union of India [2014] 67 VST 1 (Tripura) (W. P. (C) No. 73 of 2013). We further direct that the petitioner should cooperate with the assessing officer and the assessment should be completed latest by February 28, 2014. In case any amount is found refundable to the petitioner the same shall be refunded along with interest as payable under .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

copy of this judgment on December 10, 2013." We had directed the petitioner to appear before the assessing authority along with a copy of the judgment dated December 10, 2013. It is not disputed before us that the petitioner did appear and thereafter, some hearings took place. The entire problem has arisen due to the notice dated February 20, 2014. In this notice reference has made to the judgment of this court and the assessing officer issued notice to the petitioner and the main grounds f .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

redence to deduct the charges towards labour, services and other like charges from the value of the amount received by the dealer from the contractee. Hence, I am satisfied to assess the dealer to my best of judgment in the following manner deducting therefrom the charges towards labour, services and other like charges." According to the assessing officer, the returns filed by the assessee are incorrect and incomplete and further the documents produced by the assessee are not worthy of cred .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

reasons as to why he feels that the returns are incorrect and why he feels that the documents relied upon by the company cannot be relied upon. If the documents are duly audited by chartered accountants, the assessing officer will have to give reasons why he is not accepting the same. He cannot just pass a single line order saying that he does not accept the same to be correct. That would run contrary to all canons of tax jurisprudence. It is also not understood how the assessing officer has com .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version