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Tvl Fal Industries Limited and Tvl Forbes & Co. Ltd. Versus Commercial Tax Officer, Thiruvanmayur Assessment Circle, 98, Annai Velankanni Church Road, Chennai

2016 (9) TMI 1220 - MADRAS HIGH COURT

Validity of order of assessment - TNGST Act, 1959 - Vaccum Cleaner - Excise Duty paid on the MRP as per the (Union Budget) Notification issued by the Central Excise (vide amended Central Excise Notification No.13/2002)CE(NT) dated 01.03.02 - verification of invoices in terms of the Appellate Assistant Commissioner - issue only for the two assessment years viz., 1998-1999 and 1999- 2000 - whether the dealer had charged Maximum Retail Price as sales price? - Held that: - before coming to any concl .....

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- Imposition of penalty u/s.12(3) (b) of the Act - Held that: - As the issue relating to turnover is remanded, the issue relating to penalty is also remanded to the Assessing Officer with a direction to consider penalty levy if need be. - Writ petition allowed - matters remanded back to the Assessing Officer for fresh consideration. - W.P.Nos.13462 & 19769 of 2004 and WP MP.No.15768 of 2004 - Dated:- 14-9-2016 - MR.JUSTICE T.S.SIVAGNANAM For Petitioner : Mr. R. Prem Kumar for M/s. King &a .....

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Tax Act (in short  TNGST Act, 1959). 3. Though several contentions have been raised by the learned counsel for the petitioners, it may not be necessary to deal with all such contentions at this juncture. Since, this Court is satisfied that the order of assessment has been passed in utter disregard with the direction issued by the Appellate Assistant Commissioner (CT), Kancheepuram, in his order dated 31.05.2001. The said appeal arose out of a order of assessment for the assessment year 1998- 19 .....

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they charged as per the sales price, the assessment has to be sustained. 4. The learned counsel for the petitioners submitted that this direction has not been complied with by the respondent and once again, the same assessment order has been passed which has been challenged in these Writ Petitions. In the counter filed by the respondent, it is stated that the order of assessment is only a simple assessment with a direction to verify the invoices raised during the assessment year in respect of sa .....

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. In the instant case of the appellant, the appellant have not charged MRP as the price of the goods. Therefore, it is manifest evident that they have charged the basic price as sale price and not MRP. The Assessing Officer does not possess only evidence of record to show that they have charged MRP as sale price. I find from the records that the Assessing Officer has treated the difference turnover between the 60% of MRP and the value charged as sale price in the invoices raised by them as amoun .....

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e, I set aside the assessment on ₹ 1,77,79,090 and remand back to the Assessing Officer with a direction to verify all the invoices raised during the relevant assessment years in respect of sale of vaccum cleaner and to find out whether the appellant have charged MRP as sale price and to pass appropriate orders as discussed above. The Assessing Officer has levied of ₹ 47,57,921 u/s.12(3) (b) of the Act. As the issue relating to turnover is remanded in the pre-para, the issue relating .....

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