Petitioner challenges assessment notice under TN VAT Act for exceeding turnover, court directs reassessment.

The petitioner, assessed under section 22(2) of the TN VAT Act, 2006 for exceeding Rs. 50 lakhs turnover, filed a revised return. A notice for revision of assessment was issued under sections 22(4) and 22(5). The petitioner challenged the notice, arguing for the provision of filing a revised return under section 22(6)(a). The court directed the assessing authority to consider the revised return and objections, allowing the petitioner to file objections within two weeks. The respondent was instructed to conduct reassessment within four weeks. No costs were awarded, and the petition was disposed of.

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Issues involved: Assessment u/s 22(2) of TN VAT Act, 2006 exceeding Rs. 50 lakhs, notice u/s 22(4) & 22(5) for revision of assessment, scope for filing revised return u/s 22(6)(a).

The petitioner was assessed on a total and taxable turnover exceeding Rs. 50 lakhs u/s 22(2) of the Tamil Nadu Value Added Tax Act, 2006 for the year 2007-08. The assessment was based on self-assessment by the petitioner, despite filing revised returns on October 13, 2008. Subsequently, a notice u/s 22(4) and 22(5) was issued proposing revision of assessment due to incorrect tax payment, as turnover exceeded Rs. 50 lakhs, leading to the present writ petition.

The petitioner challenged a notice stating no provision for filing revised return under TN VAT Act, 2006, despite the scope under section 22(6)(a) allowing for reassessment with a correct and complete return. The provision enables the assessee to apply for reassessment post initial assessment, indicating that a revised return is permissible under the Act. The assessing authority was directed to consider the revised return and objections submitted by the petitioner to avoid vulnerability of the assessment order.

The writ petition was disposed of, allowing the petitioner to file objections to the notice within two weeks. The respondent was instructed to examine the objections as per section 22(6)(a) and conduct reassessment within four weeks of receiving the objections. No costs were awarded, and connected miscellaneous petitions were closed.

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