2016 (9) TMI 926 - HC - VAT and Sales Tax

High Court directs fresh assessment, maintains property attachment, grants challenge opportunity, disposes Petitions with directions.

M/s. A.A. Chef, rep. by its Partner, N. Anand, M/s. A.A. Poultry Farm (P) Ltd., Earlier known as Coimbatore Chemicals and Fertilizers Ltd., rep. by its Director, N. Anand, Mr. N. Anand Versus The Commercial Tax Officer (CT) Now Upgraded as Assistant Commissioner (CT) Mettupalayam Road Assessment Circle, Commercial Taxes Building, Balasundaram Chettiar Road, Coimbatore, The Assistant Commissioner (FAC) Mettupalayam Road Assessment Circle, Coimbatore and The State of Tamil Nadu, rep. by its Secretary to Government, Registration and Commercial Taxes Department, Chennai

The High Court set aside the notices of demand for reassessment under the Tamil Nadu General Sales Tax Act 1959, directing the petitioners to submit ... Recovery of arrears of sales tax - TNGST Act, 1959 - assessment without hearing - opportunity of being heard - Held that: - the petitioner directed to file written objections within a period of two weeks, along with supportive documents, and, on receipt of the same, the Assessing Officer shall afford an opportunity of hearing to the petitioner and redo the assessment in accordance with law, after considering the available documents with the petitioners - matter remanded for fresh consideration. Order of attachment - Held that: - petitioner granted an opportunity to file a representation before the Assessing Officer/competent Authority, within a period of two weeks, setting out clearly as to how the property is not liable for attachment, and on receipt of the representation, the Assessing Officer/Competent Authority shall consider the petitioner's representation and after conducting enquiry and affording opportunity of personal hearing, pass appropriate orders in accordance with law - matter remanded for fresh consideration. The amounts, which have been paid by the petitioner, pursuant to the interim orders granted by the Court shall be adjusted towards the tax dues after the assessment is redone in terms of the direction issued hereinabove, and till orders are passed, the properties in question shall not be brought for sale. Writ petitions disposed off - decided in favor of petitioner. Issues:Challenging notices of demand under TNGST Act for arrears of sales tax for the assessment year 1999-2000 without granting an opportunity. Property attachment due to default by a partner in a Chit Fund business.Analysis:1. Challenging Notices of Demand:The petitioners, a Partnership Firm and a Partner individually, filed Writ Petitions challenging the notices of demand under the Tamil Nadu General Sales Tax Act 1959 for arrears of sales tax for the assessment year 1999-2000. They contended that the assessment was finalized without granting them an opportunity to present their case before the Assessing Officer. The business premises were sealed by the Economic Offence Wing, hindering their ability to produce books of accounts. The Court granted interim stay subject to certain conditions, which were complied with. The Court noted that all proceedings related to the Chit Fund business had been concluded, and the petitioners were directed to file written objections with supporting documents for a fresh assessment.2. Property Attachment Issue:Regarding the order of attachment challenged in a separate Writ Petition, the petitioner claimed that the attached property was personal and not liable for attachment due to default by a partner in a Chit Fund business. The Court allowed the petitioner to file a representation before the Assessing Officer or competent authority within two weeks, explaining why the property should not be attached. The Assessing Officer was directed to consider the representation, conduct an enquiry, provide a personal hearing, and pass appropriate orders in accordance with the law. The amounts paid by the petitioner as per interim orders were to be adjusted towards tax dues after reassessment, and the properties were not to be brought for sale until further orders.In conclusion, the High Court set aside the impugned notices of demand for reassessment, directing the petitioners to submit objections and documents for fresh consideration. The order of attachment was maintained, but the petitioner was granted an opportunity to challenge it before the Assessing Officer. The Court disposed of the Writ Petitions with the specified directions, without imposing any costs.