2019 (7) TMI 1870 - HC - VAT and Sales Tax

Madras High Court remits matter for fresh consideration due to procedural issues.

Sangeetha Mobiles Pvt. Ltd., Versus The Assistant Commissioner (CT),

Sangeetha Mobiles Pvt. Ltd., Versus The Assistant Commissioner (CT), - TMI Issues:Transfer of registration file due to re-organization of assessment circle, consideration of objections raised by petitioner, adoption of gross profit percentages, non-verification of Form WW, opportunity for petitioner post-bifurcation, remittance of matter for fresh consideration.Transfer of Registration File:The petitioner, originally a registered dealer under the Assistant Commissioner (CT), Saligramam Assessment Circle, had their registration file transferred to the Assisstant Commissioner (CT), Kodambakkam Assessment Circle due to re-organization. This transfer was a key aspect of the case.Consideration of Objections:The petitioner raised several grounds in the writ petition, emphasizing that some objections they raised before the Assessing Officer were not considered. The failure to address these objections formed a significant part of the petitioner's argument.Adoption of Gross Profit Percentages:A discrepancy arose regarding the adoption of gross profit percentages. The officers had used 1.16% during inspection, while the respondent applied 10% on the purchase value, which the petitioner deemed illegal. The non-verification of Form WW, which the petitioner claimed was not done, was also highlighted.Opportunity Post-Bifurcation:After the bifurcation of the assessment circle, the petitioner argued that they were not able to fully utilize an opportunity extended to them. The petitioner sought a lenient view from the court and requested another opportunity to substantiate their case.Remittance for Fresh Consideration:Considering the limited prayer sought and the non-consideration of Form WW, the court remitted the matter back to the respondent for fresh consideration. The impugned assessment order was to be treated as a show cause notice, with the petitioner given 15 days to submit objections. The respondent was directed to pass fresh orders after providing a personal hearing to the petitioner within three months.This detailed analysis of the judgment from the Madras High Court addresses the various issues involved in the case, including the transfer of registration file, consideration of objections, adoption of profit percentages, non-verification of Form WW, post-bifurcation opportunities, and the remittance of the matter for fresh consideration.