TMI Blog2017 (8) TMI 1201X X X X Extracts X X X X X X X X Extracts X X X X ..... e direction to the Assessing Authority to levy penal interest under Section 24(3) of the TNGST Act - the matter is to be remanded for being considered afresh. Section 14 of the TNGST Act, would have no application to the facts of this case, as the revised return dated 31.03.2000, is not within the period of five years from the date of the original assessment, which is dated 30.09.1994. Though Section 14 speaks of re-assessment still there is an embargo on the part of the Assessing Officer to invoke Section 14 of the TNGST Act and obviously such power could not have been invoked in the instant case. Appeal allowed by way of remand. - W.P.No.15848 of 2006 & W.P.No.15621 of 2006 - - - Dated:- 2-8-2017 - T. S. Sivagnanam, J. For t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for their own use to import materials in view of import duty and sell, if any, it is advantageous on the own licence issued in their name by the JDGFT. Though, such objection was raised by the petitioner, the Assessing Officer passed an order on 31.03.2000. That was based on a revised return which was filed by the petitioner admitting the turnover. 5. It is not known as to under what circumstances, a revised return was accepted when the assessment had attained the finality. After the revised return was accepted and assessment made, a notice was issued dated 30.08.2000, demanding interest. In the mean time, the petitioner had approached the Tamil Nadu Taxation Special Tribunal in O.P.No.1273 of 2000, challenging the revised assessment or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ional authority namely, the Deputy Commissioner (CT), Chennai, dated 03.11.2004, it appears that the said Officer has not approached the matter in a proper manner, as while setting aside the order of the Assessing Officer and remanding the matter for fresh consideration, virtually issued a positive direction to the Assessing Authority to levy penal interest under Section 24(3) of the TNGST Act. 7. In my considered view, when the matter is to be remanded for being considered afresh, it would be in the fitness of things to remand the matter in its entirety, especially in the light of the fact that judgment of the Hon'ble Supreme Court holding that such transactions are taxable was only with effect from 01.05.1996, onwards and the prese ..... X X X X Extracts X X X X X X X X Extracts X X X X
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