2020 (7) TMI 582

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..... ner is the legal heir of late A.V.Lazer, who is a registered dealer under the Kerala Value Added Tax, 2003 (for short, 'the KVAT Act') on the rolls of the 1st respondent. The assessee had filed return for the year 2009-2010 and had also submitted audit reports and financial statements such as profit and loss account and balance sheet as on 31.3.2010. Later, the assessee submitted Exhibit P3 reques .....

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..... hat a reply had been submitted by the assessee on 17.1.2012 and the books of accounts had also been produced. The petitioner also sought further time for producing the documents. But, without giving any further opportunity, the assessment was finalised under Exhibit P8 order dated 21.3.2016. Thereupon, the petitioner submitted Exhibit P9 rectification petition under Section 66 of the KVAT Act. But .....

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..... the assessment without adverting to the request. 5. The learned Senior Government Pleader refutes the contentions and submits that as per Section 42(2) of the KVAT Act, where any dealer detects any omission or mistake in the annual return submitted by him with reference to the audited figures, he shall file revised annual return rectifying the mistake or omission along with the audit certificate. .....

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..... equest of the petitioner for further time to produce the books of accounts could not be acceded to and hence the assessment was finalised. 6. As per Section 25(1) of the KVAT Act, the assessing authority can, within five years from the last date of the year to which the return relates, proceed to determine, to the best of its judgment the turnover which has escaped assessment to tax or has been u .....

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..... ader, the assessee having failed to submit the revised return along with the audit certificate, and having failed to pursue Exhibit P3 application for revising the return by producing supporting documents, no fault can be attributed on the 1st respondent for having finalised the assessment, without adverting to the request made under Exhibit P4. In such circumstances, there is no reason for this C .....

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