2019 (1) TMI 712 - HC - VAT and Sales Tax

Court dismisses sales tax arrears demands, directs review of 2001-02 assessment.

Tvl. The PCK Buderus (India) Special Steels P. Ltd. Versus The Assistant Commissioner (CT)

Tvl. The PCK Buderus (India) Special Steels P. Ltd. Versus The Assistant Commissioner (CT) - TMI Issues:Challenge to demand for arrears of sales tax under CST for assessment years 2001-02, 2007-08, and 2010-11.Analysis:The petitioner challenged a demand for arrears of sales tax under CST for three assessment years. The petitioner contended that the demands for the assessment years 2007-08 and 2010-11 were not valid as the assessment orders for those years had been set aside by the Court in previous writ petitions. The Additional Government Pleader for the respondent acknowledged the errors in the demands for 2007-08 and 2010-11 but stated that the representation made by the petitioner regarding the demand for 2001-02 would be considered. The Court noted that the assessment order for 2007-08 had been set aside previously, and no fresh assessment order had been passed since then. Similarly, for the assessment year 2010-11, the Court had directed the respondent to consider certain adjustments but no fresh order had been issued. Consequently, the demands for 2007-08 and 2010-11 were deemed unsustainable due to the absence of fresh assessment orders.In conclusion, the Court found that the only issue to be decided was regarding the demand for the assessment year 2001-02. As the petitioner had already submitted a representation, the Court directed the respondent to consider it and pass an appropriate order within four weeks. Until such order was passed, no coercive steps were to be taken against the petitioner. The Court disposed of the writ petition without costs, as the demands for 2007-08 and 2010-11 were found to be unsustainable, leaving only the demand for 2001-02 for further consideration by the respondent.