Court grants petitioner opportunity to meet Assessing Officer upon paying 15% tax within 3 weeks. The Court granted the petitioner an opportunity to meet the Assessing Officer under the condition of paying 15% of the tax demanded in each impugned order ...
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Court grants petitioner opportunity to meet Assessing Officer upon paying 15% tax within 3 weeks.
The Court granted the petitioner an opportunity to meet the Assessing Officer under the condition of paying 15% of the tax demanded in each impugned order within three weeks. Compliance would allow the petitioner to treat the orders as show cause notices, submit objections, and have a personal hearing for reassessment. Failure to comply would result in dismissal of the petitions and initiation of recovery proceedings by the respondent. Costs were not awarded, and the connected Writ Miscellaneous Petitions were closed.
Issues: - Revision of assessment for the years 2012-13 to 2015-16 - Failure to file objections to revision notices - Allegations of purchase omissions and sale suppressions - Request for an opportunity to go before the Assessing Officer
Revision of Assessment: The petitioner was aggrieved by the revision of assessment by the respondent for the years 2012-13 to 2015-16. The respondent had issued revision notices dated 29.11.2017 and 09.3.2018, which the petitioner failed to respond to by filing objections. The Court noted that the petitioner's failure to file objections led to the confirmation of the proposals in the revision notices by the respondent.
Allegations of Omissions and Suppressions: The re-assessment was based on an inspection conducted at the petitioner's business premises, where purchase omissions and sale suppressions were alleged after verification of monthly returns. The inspection took place between 07.2.2016 and 09.2.2016, and it was highlighted that the petitioner refused to sign the statement recorded by the Enforcement Wing during the inspection.
Opportunity to Meet Assessing Officer: The petitioner's counsel requested an opportunity for the petitioner to meet the Assessing Officer. The Court, considering this submission, decided to grant one opportunity to the petitioner, subject to a condition. The Court directed the petitioner to pay 15% of the tax demanded in each of the impugned orders within three weeks. If this condition was met, the petitioner could treat the impugned orders as show cause notices, submit objections within two weeks, and have a personal hearing with the respondent for reassessment.
In conclusion, the Court disposed of the writ petitions with the mentioned directions and conditions. Failure to comply would result in dismissal of the petitions and allow the respondent to initiate recovery proceedings. Compliance would stay the demand for the balance tax and penalty until fresh orders were passed. No costs were awarded, and the connected Writ Miscellaneous Petitions were closed as a result of the judgment.
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