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Issues: Whether the assessment order deserved to be set aside and the matter remanded for fresh consideration in view of the petitioner's readiness to produce Forms C and H and the objections to reversal of input tax credit.
Analysis: The assessment was finalised on the basis of the petitioner's reply without awaiting production of the declaration forms. The judgment relied on the departmental circular issued in the light of the earlier Division Bench decision to hold that Assessing Officers should take a liberal approach where declaration forms are produced belatedly, since the object of such forms is to enable the dealer to claim concessional tax treatment. It was held that a rigid or piecemeal assessment was not justified when the petitioner was ready to produce additional forms and raise further objections.
Conclusion: The assessment order was liable to be set aside and the matter remanded for fresh consideration after receipt of Forms C and H and further objections; the issue was decided in favour of the petitioner.
Final Conclusion: The writ petition succeeded, the impugned assessment was annulled, and the respondent was directed to re-do the assessment after considering the materials to be produced.
Ratio Decidendi: Where declaration forms material to concessional tax treatment are subsequently produced or are ready for production, the assessing authority should adopt a liberal approach and complete a fresh assessment rather than sustain a piecemeal assessment based on an incomplete record.
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