Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether an appeal is maintainable against an assessment order modified pursuant to rectification under Section 84 of the Tamil Nadu Value Added Tax Act, 2006, and whether the appellate authority was justified in rejecting the appeal as not entertainable.
Analysis: A rectification order that alters the original assessment results in a modified order and destroys the finality of the original assessment to that extent. In such a situation, the assessee, being aggrieved by the rectified assessment on the issues decided against it, has an appellate remedy. The reasoning is supported by the principle that an order refusing rectification leaves the original order intact, whereas an order allowing rectification and modifying the assessment is appealable. The appellate authority therefore had to examine only the correctness of the rectified assessment on the points adverse to the assessee, and not treat the appeal as non-maintainable.
Conclusion: The rejection of the appeal as not entertainable was incorrect, and the assessee's appeal was maintainable.