9911796707
TMI Blog2018 (1) TMI 909X X X X Extracts X X X X X X X X Extracts X X X X ..... ue Added Tax Act, 2006 (TNVAT Act) was deemed to have been assessed under Section 22 (2) of the TNVAT Act. Subsequently, the respondent issued a revision notice, dated 25.09.2017. This revision notice is, as a result of an inspection, which was conducted by the Enforcement Wing Officers, in the business premises of the petitioner on 22.02.2017; 23.02.2017 & 24.02.2017. The petitioner, in their objections, did not seek to canvass on the tax component, but raised their objections, regarding the high penalty, which was proposed and equal time addition. The respondent completed the assessment, by rejecting the objections of the petitioner. Hence, the petitioner is before this Court. 3. Considering the factual matrix involved in the matter and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ersonal hearing, and in this regard, it is relevant to take note of a decision of this Court, in the case of Nokia India Pvt. Ltd., Vs. Deputy Commissioner (CT) -IV, Large Tax Payers Union, Egmore, Chennai and others reported in [(2015) 79 VST 137 (Madras)], wherein, the Court held that, the power under Section 27(1) (a) of the Tamil Nadu Value Added Tax Act, 2006 is a power to revise an assessment, where, the Assessing Officer is empowered to assess escaped turnover and wrong availment of input-tax credit, giving wider power with extended period of limitation for reopening of assessment. It is quite distinct from the power conferred under Section 22 (4) of the Act, which deals with deemed assessment and procedure to be followed by the Asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er case of non-disclosure, equal addition is warranted. 5. The above referred decision have been quoted in this order, so that, when the petitioner files Appeal before the Appellate Authority, the Appellate Authority shall bear in mind the legal principles laid down in the decision and then proceed to decide the petitioner's Appeal Petition on merits and in accordance with law. 6. In the light of the above, these Writ Petitions are disposed of, by giving liberty to the petitioner to file Appeals before the Appellate Authority, and if the Appeals are filed within a period of 30 days from the date of receipt of copy of this order, the Appellate Authority shall entertain the same, without rejecting it on the ground of limitation. No cost ..... X X X X Extracts X X X X X X X X Extracts X X X X
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